In a marriage settlement agreement, are our own individual credit cards considered joint debt?

Do they have to be listed?

Asked on October 19, 2011 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Texas is a community property state, and to a great extent, is also a community debt state.  Just because your husband's name is not on your paycheck, doesn't devoid him of an interest in the paycheck.  Similarly, even if his name is not on your credit card, it doesn't void his liability.... because anything you purchased became part of the community estate, and he was a beneficiary of that estate, you are both liable on the debt.  If you are getting a divorce, you do need to list who is going to pay for what.  Most divorce decrees will identify the debt and the last four digits of the account (Ex:  x2222), so there will be no confusion about who owes what.  This will not keep one of his collectors from coming after you, but it will outline responsibilities.  If he does not meet his obligations and the credit card companies eventually go after you, you will at least have an enforcement action available to pursue against him.

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