If I have asked for a divorce but my husband is delaying, will I be responsible for medical procedures he wants to have done prior to signing?

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If I have asked for a divorce but my husband is delaying, will I be responsible for medical procedures he wants to have done prior to signing?

Asked on July 6, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Texas is a community property state, and follows many of the same ideas with regard to debts.  This means that if he racks up a big medical bill while you are still married, then yes, you could still be held liable for the debt after your divorce.  He may try to tell you that he'll take the debt in the divorce-- but a creditor later will not be persuaded to let you off the hook.  Even if the court orders him to pay the debt, any creditors can still come after you to collect on the debt because they were not a party to the divorce, and as such have a right to collect from you as well.

Bottom line.... you don't need his permission to file.  When you file won't affect when or how he will have this medical procedure done.  Texas is a no-fault divorce state which means you can file just because you no longer want to be married.  So file for divorce and try to get it finalized before he has this procedure.  If you don't want to be on the hook for the bill... this is the only want to securely avoid liability for that debt.


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