Who is liable for credit card debt in a divorce? 1 Answers as of May 25, 2011I am getting a divorce and I need to know about credit cards. My wife has taken out a lot of cards in her name (unbeknownst to me) and has over $13,000 in debt. I pulled my credit report and these debts are not listed, either as joint or authorized user. Am I liable for any part of her credit card debts in the divorce?
Reeves Law Firm, P.C. | Roy L. Reeves
Joint debt is a misnomer. That said, a lot of lawyers don't know that. Professor Fetherston wrote an excellent article on the subject in the bar journal a years ago. If you have a lawyer, have him or her look it up. If you do not have a lawyer and this is in Dallas or Collin County, please call me at 972-596-4000 and schedule an appointment. All that said, many people and judges assume debt is community. Keep in mind, it can be community, but it is not automatically community debt, she has to actually ask for a reimbursement claim. And, no matter what happens, Visa, Mastercard and Discover are not in this case, the Judge cannot make you directly liable to them. He can order you to pay, but if you don't, it is her credit, not yours.
Answer Applies to: Texas