Ask A Lawyer: Protecting Myself From Her Debt



Ask A Lawyer

Question: I am in the middle of a divorce but the wife has not turned in the final papers yet. How do I protect myself from any of her debt?


Answer: If there is a settlement in place, but not finalized the debts should be allocated an additional debt to the cards should not affect the settlement terms.  The allocation should either state a specific amount, a specific card(she does not have access) or a debt amount defined by the debt at a certain date.
If there is not a settlement on the debts, cancel any cards and close down lines of joint credit.  This protects debts in joint names and prevents or at least limits her options to use your credit to litigate against you.

Generally, all assets and debts are divided as of the date of the judgment if the matter is not settled.  However, it is not uncommon to divide debt as of the date of separation.  This is discretionary in my jurisdictions upon the judge.  The origination of debt is also a factor.  For example, a personal trip for your wife would be more likely to be allocated to her, compared to food or routine clothing purchases IE necessities.



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2 comments on “Ask A Lawyer: Protecting Myself From Her Debt

    Check out the forums. There you’ll find a community of men who have much to offer to help you on your way.

    P.S. Use a “screen name” in case you decide to ask for strategy advice. You never know who’s reading this site…


    Just found this site.

    I’m here hoping to find solutions to different aspects regarding Dad’s that are involved in divorce.

    I look forward to hearing from you, and learning the ins and outs, and the Texas laws in place for Fathers rights. Most of all I want to find like-minded parents that are seeking what is best for the innocent, confused, and basically, helpless children.

    In my case, 5 and 7 year olds that can be so easily scarred indefinitely from the games some parents choose to play, that only splinter/confuse these tykes minds, and further alienate the child/children from the other parent.

    I look forward to your feed back.

    Steve Riley
    Ft. Worth, TX
    (817) 323-9469

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