Tag Archives: debt

Debt in Divorce

A debt incurred by a spouse during the marriage is presumed to be a community property debt. A debt incurred before the marriage is presumed to be separate property debt. If a debt is incurred during the marriage, but the creditor agreed to look solely to the separate property of the spouse for satisfaction of the debt, then the debt may be a separate property debt. Characterization of the debt as in the nature of community property does not determine the question of liability.… Continue Reading

Question to Dallas Divorce Lawyer: My spouse got in a car wreck, can they take my separate property?

Recently I had a potential client present the following scenario to me. Wife was involved in an at-fault car accident. Wife is sued by the other driver. Husband is concerned that the person his wife was in an accident with will go after "all" the property they own, even husband's prized baseball card collection he had before marriage. The question then became, can they take my separate property for my wife's negligence?… Continue Reading
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