I reside in TX and am over 70 yrs old. I am condsidering divorcing my wife of 20+ yrs. I have discovered there is a LARGE amount of credit card debt that she has run up. I don't know if it is in her name, my name or both. There is also rental property involved. I can't pay all of her bills. How will filing bankruptcy affect divorce? Should the B/R be filed first to alleviate debt, then file for divorce?
I strongly advise you to meet with an attorney that does family law to discuss your options as soon as possible.
You need to make a list of all assets and debts and take it to the lawyer for review and discussion.
For example, if the debts were run up for normal living expenses -- food, clothing and shelter -- then under Texas law you are obligated to support your spouse and you might be liable for the debt.
However, if the money went as gifts to her family or friends, perhaps the court would make her liable for these debts.
The name on the credit card is VERY IMPORTANT! Normally, if the cards were taken out in her name ONLY, the credit card company will only look to her for payment.
If the credit cards are in YOUR name, you are liable for the debt even if you were unaware of it. No court can remove this obligation to a 3rd party creditor. So if Wife gets debts in divorce and she does not pay, then the credit card company will sue you for payment.
Yes, it is very confusing. Therefore, talk to an attorney BEFORE deciding what to do.
You need to meet with someone face-to-face answer all your questions.