Handling Loans, Debts, and Liabilities in High-Asset Divorces

Handling loans, debts, and liabilities in high-asset divorces requires far more than balancing a spreadsheet; it demands a precise understanding of how financial obligations intertwine with marital property under Texas law. In high-net-worth marriages, finances are rarely simple. Multiple homes, investment portfolios, business interests, and complex financing arrangements often come with layers of debt that must be carefully identified and equitably divided. One spouse may hold significant business loans or personal guarantees, while the other may share exposure to joint credit lines or tax liabilities. When the marriage ends, these obligations do not disappear, they must be allocated in a way that is fair and preserves financial stability and future opportunity. If you want to seek a divorce and have questions about how it may impact your rights and obligations, it is in your best interest to talk to an attorney. At McClure Law Group, our capable Dallas divorce attorneys have extensive experience handling loans, debts, and liabilities in high-asset divorces, and if we represent you, we will formulate a strategy that helps you dissolve your marriage in a just and efficient manner.

Texas is a community property state, which means that any assets and liabilities acquired during the marriage are generally presumed to belong to both spouses. Determining whether a debt is community or separate is the first and often most contentious step in handling loans, debts, and liabilities in high-asset divorces. Debts incurred before the marriage, such as student loans or personal credit obligations, typically remain the separate responsibility of the individual who incurred them. However, any debts accumulated during the marriage, whether for a mortgage, business venture, or shared expenses, are presumed to be community in nature unless proven otherwise.

This distinction is not always clear-cut. For example, if a spouse refinanced a premarital loan during the marriage, or if community income was used to service a separate debt, the lines between separate and community liabilities may blur. Likewise, if a business was funded using marital assets or guaranteed by one spouse’s personal credit, disputes may arise over how much of that debt should be attributed to the marital estate.

Under Texas law, the division of marital property and debts must be “just and right,” meaning fair under the circumstances—not necessarily equal. In high-asset divorces, fairness often requires a nuanced balancing of complex obligations. One spouse may retain a greater share of community assets while assuming a larger portion of the debt, or the court may allocate liabilities in a way that preserves liquidity and minimizes disruption to ongoing business operations. The courts may also consider factors such as each spouse’s earning capacity, access to credit, and role in incurring the debt when determining a just and right division.

Common examples of debt in high-net-worth divorces include business loans, real estate mortgages, lines of credit, tax liabilities, and investment-related obligations. Some debts, such as personal guarantees tied to business ventures, may continue long after the divorce, even if the marriage has ended.

High-asset divorces often involve substantial commercial or investment-related liabilities. A family-owned business may carry significant operating loans, or a professional practice might have financed equipment, inventory, or office space. Determining whether such debts are personal or business obligations is critical, as it affects both valuation and division. In some cases, business debt may reduce the appraised value of the enterprise, while in others it may be offset against other community assets.

Investment portfolios can add another layer of complexity. Margin loans, real estate development loans, or joint venture financing arrangements may all constitute marital liabilities. The attorneys at McClure Law Group work with financial professionals to ensure that these obligations are fully accounted for and appropriately distributed. Our experience allows us to anticipate complications involving deferred tax liabilities, contingent business debts, or personally guaranteed notes, and to craft creative settlements that preserve both liquidity and long-term financial stability.

When significant assets are at stake, even seemingly minor debts can have outsized consequences. If you are facing a divorce involving substantial assets and complex debts, you deserve counsel with the experience to navigate every financial nuance. Our Dallas divorce attorneys at McClure Law Group have helped countless clients achieve equitable outcomes in high-net-worth divorces while safeguarding their professional and personal futures and if we represent you, we will help you take the measures necessary to protect your long-term financial health. Our main office is located in Dallas, and we have a Collin County office in Plano where we meet clients by appointment. We represent clients in Garland, Fort Worth, McKinney, Richardson, Frisco, Irving, and Rockwall, as well as throughout Dallas, Collin, Grayson, Tarrant, Rockwall, and Denton Counties. Contact McClure Law Group at 214.692.8200 or complete our online form to arrange a confidential consultation.