Q: Am I responsible for a joint HELOC loan after divorce?

A: Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally liable, regardless of the decree.

That said, if the property is being sold, the HELOC will typically need to be paid off at closing to release the lien on the property. You may have a right to reimbursement or indemnification from your ex-spouse under the divorce decree if you end up paying any portion of the debt that was assigned to them.

You should review the decree carefully and consult with your attorney to ensure your interests are protected in the sale.

A: That’s a frustrating spot to be in—thinking everything was settled through your divorce, only to be hit with questions about joint debt during a sale. In Texas, even if your divorce decree says you aren’t responsible for any debts, the lender is not bound by that agreement. If you signed the HELOC jointly with your ex, the lender can still consider you liable for repayment, especially during the sale of the property.

At the time of the sale, any existing liens or outstanding balances tied to the property—like the HELOC—typically must be paid off before the sale can go through. So even if your divorce decree released you from responsibility in your personal agreement with your ex, the title company or lender may still require the HELOC to be paid at closing. The best step is to ensure the HELOC gets paid from the sale proceeds and then, if needed, seek reimbursement from your ex as outlined in the divorce agreement.

You might not be able to stop the HELOC payment from being taken out during the sale, but you do have the right to enforce the divorce decree afterward if your ex was supposed to be the one responsible. Keep your documents handy and stay firm—this is a legal technicality, not a reflection of anything you did wrong. You’ve already done the hard part by getting through the divorce and protecting your share.