Legal Question in Family Law in Texas

Can I use an affirmative injunction in a divorce decree regarding property/debt that was awarded to the other party? Awarded car & remaining debt. Now, not making payments, and I am being called about payment.


Asked on 8/22/13, 9:08 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

If the debt is in your name, you owe the creditor.

I assume that you did not have an attorney representing you in your divorce.

A judge cannot interfere with 3rd party creditors. If you don't understand what that means, then I encourage you to talk to an attorney. Even if the other party now has the asset, you still owe the debt. For example, if ex has the car but you owe the debt on the vehicle because the debt is in your name & ex is now not paying - you still owe the debt! The divorce decree is just a piece of paper that did not involve your creditor - sorry - the judge cannot absolute you of your debt.

You can go to court (now with an attorney) and sue your spouse once you pay this debt and try to get your money back since the ex was ORDERED by a judge to pay the debt. If ex does not have any money, you will probably get a judgement. But, will you see any money? I don't know because your ex might be judgement-proof in Texas.

If you had an attorney in your divorce, your attorney should have explained all of this to you in the divorce - if you, your attorney dropped the ball.

I hope this info. is helpful.

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Answered on 8/23/13, 8:59 am


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