The Woodlands Division of Debts Attorneys

Just as a divorcing couple will separate the assets and property that they acquired throughout the course of their marriage, the couple will also have to divide any debt accrued during the marriage. Unfortunately, division of debts can be a particularly contentious part of a divorce, as no one wants to take on more debt.

While our team at BB Law Group PLLC knows that some couples in The Woodlands are able to divide their property and debts themselves, we also realize that many others turn to the legal system for help. Fortunately, in cases where couples are experiencing problems with division of debts, enlisting the support of a legal professional can help protect you from being unfairly during the process of dividing property.

How Division of Debts Works

In Texas, any community property, which is property that either person obtained during the marriage with a few exceptions, will be divided equally among divorcing spouses, including debts. In general, the division of debts with your spouse during divorce will be equal. However, in some cases, exceptions are made to this rule, such as when:

  • A couple establishes division agreeable to both without court intervention
  • The incomes of respective spouses are widely varied
  • Debts are considered “separate,” or acquired individually

Understanding how debt division works can make your divorce run much more smoothly, and legal help is available to those who have questions or concerns about this process.

Contact a Division of Debts Attorney in The Woodlands

If you and your spouse are working through debt division in your divorce, it’s important to know all of your options. At BB Law Group PLLC, our lawyers are well-versed in Texas divorce law and can help protect your rights and interests when it comes to division of debts. Call us at (832) 534-2589 to discuss debt division in your divorce.

Division of Debt FAQs

 

What happens to any debt I obtain after my partner and I have separated?

Any debt that you individually incur after you and your partner have been separated is solely your responsibility and will not be considered for division in your divorce proceedings. Unless your partner directly co-signed their name for a loan or if the debt is an extension or continuation of a financial proceeding that began while you and your partner were together, the debt will be the responsibility of the spouse who individually took on the debt after separation. Additionally, any private financial pursuits that did not involve the other partner during the marriage could be potentially assigned to a single partner during divorce proceedings instead of divided between both, depending on the specific nature of the debt and the final decision of the court.

How is debt typically divided in divorce proceedings?

In divorce proceedings, any debt that was incurred over the course of a marriage is routinely divided equally between the two spouses, save a few specific scenarios and conditions which may necessitate differences in the division. For example, a couple may decide that one spouse is assigned more debt than the other for a variety of reasons, and if the decision is agreeable for both parties, they may decide the division themselves without court intervention. Additionally, if there is a large difference in the incomes of each spouse or if the debt was acquired individually during the marriage, the division of debt may be split in a manner that is more equitable for each party, though that may not mean an equal division of debt.

How does division of assets affect the division of debt?

In some proceedings, the division of assets and division of debts are viewed as separate processes which do not affect one another, while in other cases each division is dependent on the other. For example, in some cases, one spouse may receive more assets than the other, but in return receives more debt, making the division of both cases more equitable. The extent that your division of assets will affect your division of debt depends heavily on your specific situation and you and your spouse’s wishes regarding division.

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