Rhett and Scarlett are divorcing in Texas, a community property state. Their property includes the following: (1) Tara, her plantation; (2) Smugglers Unlimited, his business; and (3) Twelve Pines, the new plantation purchased during their marriage. Rhett receives Twelve Pines and the mortgage that goes with it in the divorce. In regard to the mortgage:

Question

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In a community property state like Texas, both Rhett and Scarlett are equally responsible for any debts incurred during their marriage, including the mortgage on Twelve Pines. While Rhett may be primarily responsible for making the payments as the property was awarded to him in the divorce, Scarlett is still liable for the full amount and could be pursued for payment if Rhett defaulted on the mortgage.

Rhett and Scarlett Are Divorcing in Texas, a Community Property