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Ask Maverick Your Own Question
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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If I am divorced and I do not have any credit accounts Jointly

Customer Question

If I am divorced and I do not have any credit accounts Jointly with my ex-wife, nor does she with me. If I file bankruptcy will it affect her. Can they garnish her accounts or come after her and my daughter.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 7 years ago.

Assuming that you and your spouse will living in Texas at the time of incurring the credit card debts and assuming that you incurred those debts while you were married, then under Texas law, you both are likely jointly and severally responsible for each other's credit card debts because Texas is a community property state. Thus, fi you file bankruptcy, your obligations to the creditors will be discharged but they can still seek full payment from your ex-spouse for all charges up until the divorce or legal separation.