Texas Divorce Law...

Texas Law - At What Date Do Debts Become Separate?

In many states, debts become separate on the date the parties physically separate, rather than the date of divorce.

However, we have not found any law on this point in Texas, so a court might well decide that the parties' debts incurred right up until the divorce are community responsibility.

Even if this were true, the court still has authority to allocate the community property debts however it likes. So it could find that the debts a party incurs after separation should stay with that party.

The safe approach is to expect to pay your own debts that you run up after the separation, but also not to encourage your spouse to run up unnecessary debts before the divorce.

Note: If your name is on the credit card, you are still legally liable to pay the debt. The court may state that the debt is your spouse's separate liability. But that only settles matters between you and your spouse. That is, if you pay the debt, your spouse will have to reimburse you. But as between you and your credit card company, you are still on the hook.

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