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My sister is getting a divorce. Her husband is planning to

file for bankruptcy soon and...
My sister is getting a divorce. Her husband is planning to file for bankruptcy soon and is spending on a credit card they own jointly. He is expecting that she too will file for bankruptcy with him before the divorce. I'm not sure she will even need to file for bankruptcy, ever. Is there any way before or after the divorce to limit the half my sister is obliged to pay, to half of the present debt only, since she is not spending on that card. In other words, is there a way under the law to freeze her debt to its present level, since she has already filed for divorce?
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Answered in 18 minutes by:
7/1/2012
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,545
Experience: Attorney with 17 years experience
Verified
Hello,

If the divorce paperwork has already been filed, then typically any debts acquired after it has been filed would be considered the separate debt of the person who incurred it. Even though TX is a community property state, the court will order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. If the other spouse is incurring debt wildly knowing they will be filing bankruptcy soon, the court can attribute that debt to that spouse to pay for.
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However, the credit card company is not bound by the judges decision because the card contract was entered into prior to any divorce decree. So while the judge may order ex to pay the debt, if he files BK, that discharges his liability for the debt. It does not discharge the liability of the other spouse and the creditor can then pursue the remaining spouse for the full amount if they are a cosigner on the account.
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In situations like this, even if one spouse doesn't want to file BK, the other spouse typically drags them into it by discharging any joint debts and leaving the innocent spouse holding the bag.
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Thanks.

Barrister

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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,545
Experience: Attorney with 17 years experience
Verified
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Customer reply replied 5 years ago
Thanks for the information. It is bad news for my sister, but thanks just the same.
You are very welcome.
.

.

.

Thanks.

Barrister

.

If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

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Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,545
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