Divorce is stressful enough on its own, but add debt into the mix and things get even more complicated. Credit cards, car loans, mortgages, even medical bills—these don’t just disappear when a marriage ends. If you’re going through a divorce in Texas, one of the biggest questions is: who is responsible for paying what?
The answer depends on how Texas law classifies the debt, and it may not be as simple as you think.
Texas is a Community Property State
Texas is one of only a handful of states that follows community property laws. That means most debts acquired during the marriage are considered community debt, regardless of whose name is on the account. Even if only one spouse opened the credit card, if it was used during the marriage, the court may see it as a shared responsibility. (See: TexasLawHelp.org – Dividing Your Property and Debt in a Divorce
There are exceptions. Debts from before the marriage are usually considered separate, meaning they stay with the spouse who originally incurred them. The same goes for certain debts taken on after the separation, though timing and intent can matter.
Why Signing Matters
A common misconception is that if your name isn’t on the loan or credit account, you can’t be held responsible. But here’s the catch: while creditors can generally only go after the spouse who signed the agreement, Texas courts can still assign community debt during divorce. That means even if you didn’t open the account, your share of marital property could be used to help pay it down.
Division Isn’t Always 50/50
Unlike some states, Texas doesn’t always divide property and debt right down the middle. Instead, courts aim for a division that’s “just and right.” In practice, that means a judge considers things like income differences, financial responsibility, custody of children, and the overall fairness of the arrangement.
So, if one spouse is awarded the family home and its mortgage, the other spouse might take on more of the credit card or car debt. The goal is balance, but not always equality.
What You Can Do to Protect Yourself
If you’re facing divorce and debt, there are a few steps that can help you prepare:
- Get organized. Make a list of all debts—mortgages, car loans, credit cards, student loans, and medical bills. Include whether they’re in one name or both.
- Understand joint vs. separate. Knowing which debts are likely to be considered community property can give you a clearer picture of what’s at stake.
- Plan for creditors. Even if a court order assigns debt to your ex, creditors may still come after you if your name is on the account. Be proactive about refinancing or removing your name from joint accounts whenever possible.
Why Legal Guidance Matters
Debt division can get messy, and mistakes can be costly. A divorce isn’t just about who gets what—it’s about protecting your financial future. Having an experienced divorce attorney on your side means you’ll have someone who can explain how Texas law applies to your unique situation and negotiate a fair outcome.
Final Thoughts
Dividing property is hard enough, but when debt enters the picture, the stakes feel even higher. By understanding how Texas community property laws work and by seeking the right legal guidance, you can protect yourself from unexpected financial burdens after your divorce is finalized.