Friday, April 30, 2010

Am I liable for credit card debt awarded to my spouse in Texas?

The CC debt was awarded to my spouse, but she quit paying. Now the CC company is calling me to collect? Am I still liable? YES, This CC debt was awarded to my wife in the divorce, signed by the judge.Am I liable for credit card debt awarded to my spouse in Texas?
The Answer is yes! Texas is a community property state meaning as soon as you get married and until you separate any and all debt aquired by either spouse during this period is a community obligation/debt of both of you. Example say she bought a new car the day after you got married and she signed all the paperwork herself and you were not there and signed nothing, you are still on the hook for that debt. The separation agreement does assign debt but you must see if she assumed it as her sole and separate property or you only assigned the duty of making the payments to CC company. If it not taken as her seperate property they can come after you to collect. Under the law of some states if they come after you may have a separate cause of action against your wife for breach of the settlement agreement or to be reimbursed for having to pay her debt out of your pocket. Also look out for her going bankrupt because any community debt will become your responsibility and force you into bankruptcy. Please speak to an attorney who knows Texas divorce law.Am I liable for credit card debt awarded to my spouse in Texas?
Joint credit accounts are the responsibility of both spouses, even if a divorce decree asserts that one spouse responsible for paying off the joint account. Creditors are not a party to divorce agreements, so they won't recognize only one party as being responsible.





Your only recourse is to take her back to court for violating the agreement. In the meantime, you'll have to make arrangements with the creditor so this doesn't ruin your credit further.
Then no youre not legally obliged to pay due to the divorce. Inform the cc company of this and tell them if they persist on bothering you, that you will sue for harassment from a bill collector. Theyll get the message then. Good luck
No you are no longer liable for the debt once your wife signed the divorce papers.


You might have to mail the CC company a copy of the signed judgment along with a letter to stop collection on you. Once they get that it will be illegal for them to keep contacting (harassing) you.
Yes, as long as your name is on the debt, they can and will continue to come after you. Credit companies don't give a hoot about divorce decrees. I went through the same type of scenario. Had to end up paying it off to save my credit. And I can't find the ex to sue him for the debt I paid that was his so I am totally stuck!
As far as the credit card company is concerned, yes you are still responsible if your name was on the account. They do NOT take divorce judgments into account.
Check with a lawyer in Texas. I think the CC company is trying to scam you into paying her debt but check with a lawyer to be sure. If they are scamming you turn the tables and sue them.

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