You’ve filed for divorce. You’re adjusting to a new routine as well as a new budget. Then, suddenly, unbeknownst to you, your ex-spouse starts racking up charges on the joint credit cards—before the divorce is final. The charges include concerts, flights, and expensive dinners. None of it was discussed. None of it benefits you or the family.
Now you’re starting to wonder, “What happens if my ex continues to run up credit card debt before the divorce is final?”
Texas and Community Property: What That Means for Debt
Texas is a community property state. That means most debts incurred during the marriage—whether you agreed to them or not—are presumed to be shared. If the credit card was used for groceries, bills, or other household expenses, it likely constitutes a joint obligation. But if your ex-spouse is making selfish or excessive purchases right before the divorce is finalized, that’s another story altogether.
Texas courts take a hard look at credit card spending during a pending divorce, especially if it seems excessive or suspicious. If the charges are last-minute, clearly frivolous, fraudulent, or do not benefit the household, a judge may treat that debt differently. In cases like these, the court may decide that the debt belongs solely to the spouse who made the charges, not the other party. That’s especially likely if it looks like someone is trying to “grab what they can” before the divorce becomes final.
The Divorce Decree Doesn’t Bind Credit Card Companies
Unfortunately, credit card companies don’t take their cues from the divorce court. If your name is on the account, they can—and likely will—hold you responsible for the full balance, regardless of what the final decree says or what your ex agreed to pay.
That’s why it’s essential to take proactive steps early in the process. Closing joint accounts or requesting a temporary court order to limit spending can go a long way toward protecting your credit and avoiding future disputes.
Please Call Christman | Daniell for Your Legal Needs Today!
Looking for family law services in Collin County? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, asset division, child custody, or adoption, trust Christman | Daniell. We provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your own personal circumstances.
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