Primary Office - Kingwood
1412 Stonehollow Drive, Ste C
Kingwood, TX 77339
Map & Directions

By Appointment - Downtown:
The Lyric Center, 9th Floor
440 Louisiana,
Houston, TX 77002
Map & Directions

Phone: (281) 358-3444
Fax: (281) 359-3445

Division of Debts


There Is No Such Thing As "Community Debt"

Although lawyers often speak of "community debt" in the context of divorce, there is actually no such term in the Texas Family Code. To be accurate, there are debts that are acquired during the marriage that must be dealt with upon divorce.

Assigning & Dividing Debt Requires An Experienced Attorney

Usually, the debts are divided as part of the overall division of the community estate. Whether a debt is paid from community assets or assumed by one party depends on the individual situation. Sometimes, debts are paid from the sale of a residence or stock; occasionally, there's money in savings to pay off some debt. Often, the debt is assumed by the spouse who receives the asset that secures the debt.

Credit Cards, A Thorny Issue


Credit cards can be a problem if one spouse is the primary party on a majority of the cards. We cannot change the arrangement with the creditor and, if one spouse is liable for the debt, it's risky to allow the other to assume responsibility for that card. If it is not timely paid, the negative notation goes on the credit report of the responsible party, and the divorce decree is meaningless to the credit reporting agency.

A Houston Lawyer Who Has Divided Hundreds of Thousands Of Dollars Of Debt 

At the McNamara Law Office in Kingwood, TX, my staff and I have resolved hundreds of divorces and assigned huge amounts of debt. In fact, it's rare that a divorce does not involve debt. Be assured that a heavy debt load is not a particularly unusual situation today, and I am experienced at dealing with such issues.

Contact McNamara Law Office now to schedule a consultation with an experienced Texas family law attorney and divorce lawyer.


Geographical Areas Served:
Kingwood, Huffman, Lake Houston, Atascocita, Humble, Oakhurst, Walden, Walden Woods, Walden on Lake Houston, East FM 1960, Fall Creek, Eagle Springs, Lakeshore, Silverlake, Redstone, Summerwood, Eagle Lake, West Lake Houston Parkway, The Heights, Greater Heights, Houston Heights, Downtown Houston, Memorial, Allen Parkway, Montrose, Houston Neartown, & Houston Midtown.

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