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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Debt Division in Divorce in Texas

ATTORNEYS IN DALLAS

A court will make an equitable division of debt based on who incurred the debt and who received the property or assets associated with the debt.

Debt Division in Divorce

In numerous divorce cases, disagreements arise between the spouses concerning ownership of specific assets and the division of marital property. However, in their pursuit of a just and equitable distribution of property, many individuals disregard another issue of equal importance, which is the distribution of debts or liabilities. The manner in which liabilities are allocated can have a significant and enduring influence on an individual's financial stability and future. Therefore, it is imperative that anyone considering a divorce should consult an attorney at the earliest to understand their rights and options.

Classifying Debt in Texas Divorces

Determining the division of debt in a Texas divorce case starts with establishing whether the debt is part of the marital estate. As Texas follows community property law, most property acquired during the marriage is considered community property, and both spouses have an equal interest in it. This includes both assets and liabilities. Thus, any debt incurred during the marriage is subject to division between the spouses upon divorce. Examples of such debts are car loans, credit card debts, or mortgages. However, some debts may be considered separate and will follow only the borrowing spouse after the divorce.

Debts that are not part of the marital estate are separate debts, which belong solely to the borrowing spouse. One example of separate debt is debt incurred by a spouse before marriage. A prenuptial agreement may be used to specify separate and community property and may also designate debts incurred during the marriage as separate property.

What if my Spouse Collected Most of the Marital Debt?

In Texas, debt division in a divorce is typically split equally between the spouses, although there are exceptions. Under Texas law, a court must divide marital property and liabilities in a manner that is "just and right." While this does not necessarily mean an even 50-50 split of property and debt, courts consider various factors to determine if a different division is warranted. For instance, if one spouse was primarily responsible for incurring the debt, the court may adjust the division of liabilities accordingly. A family attorney can assist you in determining whether you have a valid case for a "just" division of debt.

Marital Debt Division Options

Determining how debt is divided in a Texas divorce can be complex and depends on various factors. An experienced family law attorney can help you navigate the process and determine the best solution for your situation. Some options for dividing debt in a divorce include splitting it equally, selling joint property to pay off debts, each spouse taking responsibility for the debt attached to the property they want, or one spouse taking on more debt because they have primary physical custody of the children.

It's important to note that if the spouses cannot agree, a court-ordered debt division is standard. During the divorce hearing, the court will consider several factors and make a decision on how to divide the community property and debt between the spouses. In most cases, the court will approve an agreement reached by the spouses.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Dallas Divorce Attorney

Dividing debts in a divorce can be a complex matter, but Wilson Whitaker Rynell is here to assist you with that. Our experienced team can help you develop a strategic plan for dividing debts during your divorce. We understand the challenges of divorce and other family-related issues, and we offer compassionate and straightforward advice to our clients. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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