Divorce and Marriage Law
Debt and Bankruptcy
Home Equity and Refinancing

If you married in 2005 and your husband moved into the home you were purchasing and then filed for bankruptcy Texas what legal or financial obstacles will you encounter?

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Wiki User
September 12, 2011 10:05PM

Ordinarily a person's debts will not carry over into marriage and become the responsibilty of the new spouse. However, many creditors have been successful in applying the community property laws against both spouse's even if the debts were incurred separately before marriage. The good news is, Texas although a community property state, is also a 'debtor friendly' state. It would be a good idea to speak with an attorney if the persons' involved are concerned about the issue, especially if there is the possibility of a lawsuit. If that should happen, and the plaintiff won a judgment, the judgment could, at the very least, be enforced against the defendant's nonexempt property or a portion of jointly owned property.