Divorce and Bankruptcy in San Antonio

Texas is a community property state, which adds complexity when divorce and bankruptcy overlap. The filing order matters, and certain debts cannot be discharged.

This page provides general educational information, not legal advice. Consult a qualified attorney for advice about your specific situation.

Filing Order: Bankruptcy Before or After Divorce?

Bankruptcy First

  • Eliminates community debts before property division
  • Joint petition saves money (one filing fee)
  • Texas unlimited homestead protects the home
  • Requires cooperation between spouses

Divorce First

  • Single-filer means test uses only your income ($60,840 median for 1 person)
  • No need to cooperate with ex on bankruptcy paperwork
  • Divorce decree assigns specific debts
  • Higher total cost if both need to file

Texas Community Property

Texas is a community property state. Most property and debts acquired during marriage belong to both spouses equally, regardless of whose name is on the account.

  • All community debts can be eliminated in a joint filing
  • All community property enters the estate
  • Texas unlimited homestead exemption protects the family home
  • Separate property (owned before marriage or received as gift/inheritance) is not community property

What Cannot Be Discharged

Domestic Support Obligations

Child support and alimony cannot be discharged under section 523(a)(5). Collection continues during bankruptcy. The automatic stay does not stop DSO collection.

Property Settlement Debts

Debts from a divorce decree are not dischargeable in Chapter 7 (section 523(a)(15)). They may be dischargeable in Chapter 13.

Frequently Asked Questions

Should I file bankruptcy before or after divorce?

Filing before can eliminate community debts with a joint petition. Filing after uses single-filer income on the means test. Consult both a bankruptcy and family law attorney.

Can bankruptcy discharge alimony or child support?

No. These are domestic support obligations that survive all chapters of bankruptcy.

How does community property affect bankruptcy?

All community property and debts enter the estate. Joint filing can efficiently eliminate community debts before divorce.

What if my ex discharges our joint debt?

The creditor can still pursue you. Consider filing your own bankruptcy or returning to family court to modify the decree.

Free Discharge Screener Chapter 7 vs 13

Open Bankruptcy Project Network