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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37088
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am going to be getting a divorce as my husband has a

Customer Question

I am going to be getting a divorce as my husband has a girlfriend. I realize that Texas is a community property state. My husband has a credit card in only his name with a $18,000 balance. Am I responsible for half of it even though my name is ***** ***** the account anywhere and I do not even have a card? Also How do I protect that he does not take half of my retirement?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Am I responsible for half of it even though my name is ***** ***** the account anywhere and I do not even have a card?

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Unfortunately, as a general rule, debt acquired during the marriage is considered a community debt, the same as any assets, except inheritances and gifts. You could argue to the judge that you never benefitted from any of the charges on the account (if that is the case) and therefore you shouldn't be held liable for half the debt. If these were debts that he incurred solely for his own benefit, a judge may decide it is equitable to allocate that debt to him alone.

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Also How do I protect that he does not take half of my retirement?

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If the retirement funds were deposited during the marriage, then they too would be community assets and be divisible in the divorce, the same as any he has (if he has any). So legally he would be entitled to half of anything contributed to the account during the marriage..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
Thank you for the information. Are there any steps that I can take to protect my retirement so that he can not take half of it? I realize that it is considered community property but want to know if there are steps that I can take to protect it.
Expert:  Barrister replied 1 year ago.

Unfortunately no, it would be divided as a matter of law since this is a community property state. There aren't any "tricks" that attorneys have that would allow us to get around this fundamental concept.. The only thing you can do is argue that the debts he has incurred solely for his own benefit should be his sole responsibility...

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I am sorry the news isn't better.

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thanks

Barrister