Who is responsible for paying debts in a divorce?

In Texas, debts acquired during a marriage are generally considered to be marital debts. This means that they are the responsibility of both spouses. Generally speaking, the court will assign each party responsibility for certain debts during the divorce proceedings, and the spouses may be required to pay off the debts on their own. However, if one spouse has a higher income or more resources than the other, the court may order the higher-earning spouse to pay the debts in their entirety. Additionally, if a particular debt was incurred by one spouse alone, they will typically be held responsible for that debt. If you and your spouse are unable to agree on how to divide your marital debts, the court may order that the debts be divided in proportion to each spouse’s relative earning power or overall ability to pay the debts. In some cases, the court may even order that the debts be paid by the estate or proceeds from a jointly owned property. In Texas, it is important to remember that divorcing spouses are still jointly responsible for any debts incurred during the marriage until they are legally released from one another. This is why it is important for both spouses to contact each of their creditors during the divorce proceedings and make sure that any accounts are closed or transferred to a new account in the name of the responsible party.

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