Divorce does not just divide what a couple owns. It also divides what they owe. For families in New Braunfels and across Comal County, that often means a mortgage, two car notes, a few credit cards, maybe a home-equity line taken out to finish the backyard, and sometimes tax or medical debt. The divorce decree decides who is responsible between the spouses. But it does not change the contracts you signed with your lenders. Understanding that gap is the key to protecting yourself, and it is one of the first things our divorce attorneys walk through with clients.
Community Debt vs. Separate Debt
Texas law presumes that debts incurred during marriage are community obligations, much like assets acquired during marriage are presumed to be community property. Debts that existed before the marriage generally remain the responsibility of the spouse who incurred them.
Common categories:
- Mortgage and home-equity loans on the residence
- Vehicle loans
- Credit cards, whether joint or individual
- Personal loans and lines of credit
- Medical debt
- Student loans
- Tax debt, including balances due on joint returns
- Business debt a spouse personally guaranteed
In the divorce, the court divides community debts as part of the overall “just and right” division of the estate. A spouse who receives more debt may receive more assets to balance it.
Two Different Questions: The Decree and the Creditor
This is where people get hurt. There are two separate relationships:
- Between the spouses. The decree says who must pay which debt. If your ex fails to pay, you can enforce the decree against your ex.
- Between you and the creditor. Your contract with the bank or card company did not change. If your name is on the account, the creditor can still pursue you, report late payments on your credit, or sue you.
A credit card company will not care that the decree says your ex-spouse is responsible for its card. If both names are on it, both people are liable to the creditor.
Practical Strategies to Protect Your Credit
Before and during the divorce
- Pull your credit reports from all three bureaus. You may find accounts you did not know about.
- List every debt with the lender, account number, balance, monthly payment and whose name is on it.
- Stop new joint debt. Ask your lawyer about freezing joint credit lines to new charges, consistent with any court order.
- Keep paying. Missed payments during the case hurt both credit scores and can reduce the equity in shared assets.
- Use temporary orders to assign who pays what while the case is pending. See temporary orders.
In the decree
- Pay off joint debts at divorce using proceeds from a sale or account. This is often the cleanest solution.
- Require refinancing of joint vehicle loans or mortgages into the responsible spouse’s name by a deadline.
- Remove authorized users and close joint cards once balances are allocated or paid.
- Include indemnification language so the responsible spouse must hold the other harmless and reimburse losses.
- Secure the obligation. For the mortgage, documents like a deed of trust to secure assumption can give the departing spouse a remedy. See who keeps the house.
Specific Kinds of Debt
Credit cards
Card balances are frequently divided by assigning each card to one spouse, or by paying them off from community funds. If one spouse ran up charges for personal purposes unrelated to the family, such as gifts to a paramour, that may support a claim of waste.
Vehicles
The spouse who keeps the car usually takes the loan, but if both names are on it, a refinance is needed to remove the other spouse. Otherwise, a late payment or repossession will show up on both credit files.
Tax debt
If you filed joint returns, both spouses are generally liable to the IRS for the full tax due on those returns. A decree can allocate who pays, but the IRS is not bound by it. In some situations, “innocent spouse” relief may be available from the IRS. The decree should also address who claims what for the current year and who gets any refund.
Medical debt
Medical bills for a spouse or a child incurred during the marriage are often community debts. Unpaid medical expenses for the children may also be addressed through medical and dental support.
Business debts and personal guarantees
A spouse who guaranteed a business loan stays personally liable even if the business goes to the other spouse. Release of the guarantee requires the lender’s agreement. See business in divorce.
When Debts Exceed Assets
Some couples find that the debts outweigh what they own. In those cases, the goal shifts to allocating debt realistically, matching each spouse’s ability to pay. Bankruptcy may be worth discussing with a bankruptcy attorney. The timing of a bankruptcy relative to the divorce can matter, and child support and spousal maintenance cannot be wiped out in bankruptcy.
If Your Ex Does Not Pay After the Divorce
If your former spouse stops paying a debt the decree assigned to him or her:
- Keep records of all communications and payments.
- Consider paying the creditor to protect your credit, and document it.
- File an action to enforce the property division in the court that granted the divorce, which in a New Braunfels case is typically in Comal County or Guadalupe County.
- Ask for a money judgment and attorney’s fees.
Learn more at enforcing a divorce decree.
A Quick Debt Checklist
Bring these to your first meeting: a list of every account and balance, recent statements, your credit reports, loan documents for the house and vehicles, and any letters from collectors or the IRS.
Talk With a Comal County Family Lawyer About Debt in Your Divorce
The right decree language can save you years of credit problems. If you are facing divorce in New Braunfels or anywhere in Comal County, our family law team can help you map out your debts and build protections into the settlement. Call (830) 302-4071 for a free consultation. Se habla español.
Frequently Asked Questions
Am I responsible for my spouse's credit card debt in Texas?
It depends on whose name is on the account and how the divorce decree allocates it. In the divorce, a debt incurred during marriage is usually treated as a community obligation to be divided. With the creditor, though, you are generally liable only on accounts you signed for or co-signed, plus certain necessaries.
What if my ex does not pay a debt the decree ordered him or her to pay?
If the creditor comes after you, you may still have to pay to protect your credit. You can then file an action to enforce the decree, seek a money judgment against your ex, and request attorney’s fees. Indemnification language in the decree helps.
Are student loans divided in divorce?
Student loans taken out during marriage are often assigned to the spouse who received the education, but that is not automatic. If community funds paid down one spouse’s loans, that can also support a reimbursement argument.
Should I close joint credit cards before the divorce is final?
Freezing or closing joint accounts to new charges can prevent new debt, but check any temporary restraining order or standing order first so you do not violate it. Talk with your lawyer about the timing and keep records of balances.
Can debt be discharged in bankruptcy after divorce?
Some divorce-related obligations can be discharged and others cannot. Domestic support obligations, like child support and maintenance, are not dischargeable. Property-settlement obligations are treated differently depending on the bankruptcy chapter, so get advice if your ex threatens bankruptcy.
Last reviewed November 13, 2026. General information only, not legal advice.