Texas laws regarding surviving spousal debt differ from the laws of most states, primarily because Texas is a community property state. Community property states differ because property, assets and credit accounts are considered to be jointly owned by both parties in a marriage. This means the debts accrued during a marriage are also shared by both parties. The type of property held by the couple determines whether the surviving spouse is legally obligated to use that property to pay the debts of the deceased spouse.
Separate Property
Separate property is property that either spouse owned prior to the marriage or gained during the marriage by means of a gift or an inheritance. The separate property the deceased spouse had accumulated is used to pay his debts. The surviving spouse is not obligated to use her separate property to pay the deceased spouse's debts. Examples of property that may be in question include cash, investments, real estate, jewelry and works of art.
Community Property
All property that is not separate property is community property. Community property that was solely managed by the deceased spouse should be used to pay off the deceased spouse's debts. Community property solely managed by the surviving spouse is not typically used to pay off the debts of the deceased unless both spouses are found to be liable for the debts or if the debts were incurred for the benefit of both parties. Joint property is subject to payment of the deceased's debts.
Protections
Texas lawmakers have passed certain laws to protect the family home, household furnishing and personal vehicles. The laws allow a surviving spouse to stay in the family home for life and for minor children to remain in the family home until they are adults. These laws are designed to protect the well-being of the family of the deceased, but only to the degree that the family is able to maintain the property and pay the mortgage and property taxes.
Probate
A family facing probate of a deceased spouse's estate may be allotted a living allowance while the estate is in probate. This living allowance can help the surviving spouse through that awkward stage of adjusting to less income and to maintain a standard of living while the estate negotiations payment of debtors prior to the release of remaining assets to the family.
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