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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116709
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife and I are texas residents. I'm seeking a divorce due

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My wife and I are texas residents. I'm seeking a divorce due to her infidelity but she isn't aware of my intent or knowledge of her divorce yet.
We have a recreational vehicle which she lives in and a loan in both our names for that RV. I don't want the RV, which she is living in and bought for her, and I want out of the debt. Can a judge compel her to take responsibility for the debt?
We also have a $50k personal loan in both our names, we used to pay off our credit card debt accumulated to start her "business". Can a judge compel her to take half that debt in the form of a personal loan to pay her part?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The judge can compel her to file to get the loan in her name, but if the bank will not change it over there is nothing that they can force to occur. Many times a court will order a spouse to get a new loan in their name, but the spouse cannot qualify and in that case the court will not be able to do anything about that.
The other debts, the judge can indeed divide them in half, since Texas is a community property state and all debts and assets belong equally to both you and your spouse.

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