Credit Card Debt

[rickc817]

What is the name of your state (only U.S. law)? Texas

my wife and I are going through a divorce. She’s telling me that I need to pay all the credit card bills in my name and she pay all the ones in her name. There’s way more in my name then hers and I can’t pay all of them. Is there a way I can get her to pay some of those too or am I stuck because they’re in my name? Thank you very much.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

my wife and I are going through a divorce. She’s telling me that I need to pay all the credit card bills in my name and she pay all the ones in her name. There’s way more in my name then hers and I can’t pay all of them. Is there a way I can get her to pay some of those too or am I stuck because they’re in my name? Thank you very much.

Did your credit cards pay for any assets that you are specifically keeping? Were there any balances on your cards prior to marriage?

Normally each spouse is entitled to 1/2 of the marital assets and is responsible for 1/2 of the marital debt. That means assets and debts that accrued during the marriage.

 

[rickc817]

The credit card debt was just junk really. Clothes, food, necessities, whatever. Nothing to show for it. So does it boil down to I may whats in my name and she pays whats in hers?

 

[mistoffolees]

The credit card debt was just junk really. Clothes, food, necessities, whatever. Nothing to show for it. So does it boil down to I may whats in my name and she pays whats in hers?

No. If the expenses were for normal living expenses (regardless of whether it was 'junk' or not), then you will each be responsible for 1/2 of total debt and get 1/2 of total equity. So paying 100% of the one in your name is probably more than the court would order.

Another factor is that as far as the credit card company is concerned, it's your problem, not hers, so if it doesn't get paid, they'll come after you. Even if you have a court order that she pay 1/2 and she fails to do so, then it's YOUR credit which will be ruined. Therefore, you might want to tell the court that you agree that you will each pay the credit card in your own names, but that since yours is larger, you want to be given a larger share of the assets to make up for it.

How much is the difference?