Disclosing Debt In Divorce

Summary

In Texas, all debts, whether individual or joint, must be disclosed during an uncontested divorce. Texas is a community property state, meaning all debts accumulated during the marriage are shared. If you wish to take full responsibility for a debt, you can state this in the divorce decree, but creditors can still pursue both parties if it was a joint debt. If the debt is solely in your name, your ex-spouse generally isnt responsible for it, but you must still disclose it. Withholding information about debts during divorce proceedings is considered perjury and can result in penalties, including fines and possible jail time. Consult a legal professional for personalized advice.

Full Conversation

Whether I need to disclose a personal credit card debt during an uncontested divorce if I plan on taking care of it myself
Hello ****, it would be helpful to know which location you're in, as the laws about asset disclosure in divorce can vary. Could you please provide this information?
Texas
Hello ****, in Texas:
- All debts, whether individual or joint, need to be disclosed.
- Texas is a community property state, meaning all debts accumulated during the marriage are shared.
Please consult a lawyer for personalized advice.
What if I don’t want him to have to pay it
Hello ****, in Texas:
- If you wish to take full responsibility of the debt, you can state this in the divorce decree.
- However, the creditor can still pursue both parties if it was a joint debt.
Please consult with a lawyer for further guidance.
It is not a joint debt
Hello ****, in Texas:
- If the debt is solely in your name, your ex-spouse generally isn't responsible for it.
- Still, you must disclose it in divorce proceedings.
Please consult a legal professional for personalized advice.
What will happen if I do not disclose it
Hello ****, in Texas:
- Withholding information about debts during divorce proceedings is considered perjury.
- You could face penalties, including fines and possible jail time.
Please consult a legal professional for personalized advice.