How do I transfer debt to my husband’s name?

UPDATED: Jan 14, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 14, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I transfer debt to my husband’s name?

Because of my husband’s bad credit history, we’ve always applied for loans and credit cards in my name. Now, we’re facing separation and have 60k in debt overall, but it’s all in my name. He makes three times as much money as I do, and I will not be able to make the payments on my own. I’ve tried applying for loans in his name to transfer the debt but because of his bad credit they’ve been declined. He his willing to take on the responsibility of paying half the debt, but we don’t know how to divide it. Is there an easy way to transfer 30k in debt to my husband’s name without going to court?

Asked on January 14, 2011 under Bankruptcy Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You do not have to go to court to enter in to a settlement agreement as to your assets and your debt.  But you need legal help with all of this.  You can not do this on your own.  Texas is a Community Property State.  Be aware of that.  And also be aware that even though your settlement agreement  - which is a contract - states that he is to assume a certain amount of the debt and pay it off, the credit card companies or whomever the creditors are do not have to change the debt to his name. They are not a party to the agreement.  And if he stops paying then it will be reported on your credit history and you will have to go back to court to get him to start again.  Maybe you should consider selling an asset to pay it off.  But an attorney will better be able to help.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption