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What Happens to Our Property and Debt if We Get Divorced?


If you don’t have any idea or are confused about the rules of property and debt division during a divorce, you’re not alone. Unfortunately, it’s common for one spouse to know more about their finances than the other spouse. But even if you have more knowledge of your finances than your spouse, it can be difficult to determine all the properties you have, their exact worth, how much debt you have, whether a debt or property is separate or community property, and how it must be divided.

Property and Debt Will Be Divided Based on Community Property Rules

Since Texas follows the community property rules, this means that spouses own their community property and debts equally. During a divorce, their debts and property will be divided equally in a manner that is fair and right, given the couple’s specific circumstances. Judges normally take into account these actors when deciding on debt and property division:

  • Each spouse’s health
  • Why the marriage broke down, which can include adultery, substance abuse issues, family violence, or wasting community property
  • Each spouse’s educational attainment, earning capacity, and future employability
  • Which spouse is the custodial parent
  • Tax issues
  • The contributions of each spouse to the community assets and whether one spouse sacrificed their career or business to care for the children

If possible, you and your spouse, along with your San Antonio divorce lawyers, should negotiate which asset goes to whom and how both of you should pay off the debts, taking into consideration your personal finances, separate property, and individual needs after the divorce. The judge will review your property and debt division agreement and incorporate it into the divorce decree if they determine that the terms and conditions are fair for everyone.

If the judge finds that the agreement is unfair to one of you, they may ask you and your spouse to revise it. Otherwise, it will be up to the judge to divide your community property and debts. You should also know that you’ll still be liable for paying a debt if it’s under your name, even if your spouse was ordered to pay it.

Creditors will not care if the judge gave the debt and property to your spouse or if your spouse agreed to shoulder it. Keep in mind that debts are contractual. This means that if there’s a default on a loan, like a mortgage, for instance, the creditor will come after you until you pay off the mortgage by refinancing it under your spouse’s name or selling it.

Discuss Your Case With an Experienced San Antonio Divorce Lawyer Today

If you need more information about property and debt division, don’t hesitate to contact Hoelscher Gebbia Cepeda PLLC. Our San Antonio divorce lawyer will review your case and help you split up community property and debt that best serves your interest and protect your separate property. Fill out our online form or call 210-222-9132 to set up your case evaluation with our San Antonio divorce lawyer.