Legal Question in Credit and Debt Law in Texas

If someone gains custody of a timeshare through divorce and the time share is not located in the state where the divorce occurred does the timeshare have to recognize the divorce when debt collecting? In other words does the time share have the right to harass the ex-spouse about paying up the debt?

Asked on 1/28/14, 1:56 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

The time share company doesn't care what's in a divorce decree, and they aren't bound by it.

Let's say there are TWO names on the "debt" - two co-borrowers/co-debtors. They might be married, divorced, separated ... it doesn't matter. When the debt isn't paid, the creditor can sue one of them or both of them.

A divorce decree determines the rights and remedies between the parties (ex-husband and ex-wife); it doesn't affect the rights of creditors.

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Answered on 1/29/14, 2:47 pm

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