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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I know that Texas adheres to community property laws in the

Resolved Question:

I know that Texas adheres to community property laws in the case of a divorce. But what about community debt? If the debt was incurred by both a husband and a wife individually (both prior to and during the marriage), how is this handled when applied to the community property? Is there a difference between debt incurred as individuals versus jointly during a divorce?
Submitted: 6 years ago.
Category: Family Law
Expert:  Samuel II replied 6 years ago.

hi

 

debts are considered community property - regardless of when they were incurred or by which spouse during a marriage.

 

debt that as incurred prior to marriage that was kept separate and apart may be considered non-marital property - however, the law states if the debt was co-mingled at any point then it is considered marital and subject to community property laws. so for instance, if one spouse had a credit card debt prior to marriage but then continued use of that card for things while married that would be considered co-mingle



Edited by Samuel-II on 6/1/2010 at 4:54 PM EST
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