Angleton, TX asked in Divorce and Family Law for Texas

Q: Finances during separation

My husband and I are separated. He is VERY ill and I'm helping here and there when I can. He has kept the home and all the debts that come with. Some are in my name. If he can't get them out of my name, I was told to just bring my decree to show he is responsible. With him being ill, separation (not filed with the court) seems to be the current state of things for a while. 2 questions 1. Is there a way for me to ensure those debts get paid by him without having to take him to court? and 2. If something happens to him, I am still his wife. Will I have to fight his family for any retirement or the house, or final services, or is it all deferred to me automatically? I'm sorry, one other question... if he does pass, and he has someone else listed as his beneficiary, but we are still married... where do I stand?

Related Topics:
1 Lawyer Answer
Ty Czapla
Ty Czapla
PREMIUM
Answered
  • Tyler, TX
  • Licensed in Texas

A: If you have a debt that you are jointly responsible for, you are both responsible for it. The only way to change it is to get the lending institution to allow a change in responsible party. If he is not working and is very ill, that is not likely to happen. You could sign an agreement with him designating responsibility for the debts, but enforcing the terms of the agreement if he breaches, will certainly involve court.

As far as after death....there are many other questions that need to be answered first like (1) does he have a will (2) beneficiary of what...a life insurance policy, a trust etc.? (3) how much community property do you guys have (4) does he have children from another marriage etc.? I suggest seeing an attorney.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.