Some marriages are "debt-financed" so when they end, there is a whole lot of litigation involving creditors.
That, at least, is what seems to have happened to Maria Theresa Guidry and Monte Guidry, reports the Southeast Texas Record, who are back in court to discuss credit card debts from their marriage, with Theresa Guidry suing her ex-husband for about $71,000.
The conflict emerges out of their divorce settlement in 2009. The ex-husband, Monte Guidry, was supposed to pay off the debt on a Bank of America credit card and to make all reasonable efforts to remove Maria Guidry from the account, as well as to indemnify her against any claims from the credit card company.
It is unclear from the facts how Monte Guidry ended up responsible for the entire credit card debt, because Texas is a community property state. Texas is one of nine states with a history going back to Spanish Law where "community property" laws apply. In a community property jurisdiction, the property or income acquired by either spouse during marriage is generally considered equally owned by both spouses. Presumably, Texas community property rules would also apply to debt.
Another element of the litigation brings up a lien that Monte Guidry made, executed and delivered to the ex-wife on some property in Galveston. Interestingly, it was in the amount of $50,200, which is the original amount of the credit card principal.
A lien is basically a "bond" on a piece of property, which must be paid off or else the person with the lien can foreclose on a property. Those that hold a lien, like the IRS, or a mechanic, or Maria Guidry in this case, can institute a foreclosure proceeding and get paid from the sale of the property.
In other words, rather than paying the credit card bill himself, what her ex-husband seems to have done is to have put Maria Guidry in a position where she can pay off the principal. Question is, why didn't the ex-husband simply sell the property himself and pay off the debt like it appears he was supposed to?
Without knowing more, its hard to say conclusively.
What this case does make clear is that it is no easier to end a marriage financially than it is to end a marriage spiritually. It's usually a good idea to talk to a family law attorney. They might not help you spiritually, but they can help sort out the financial mess that often comes with a divorce.