Whether a spouse is jointly liable for marital debts depends on whether he lives in a community property or equitable distribution state. In community property states, such as Texas, spouses are jointly liable for marital debt if the debts were incurred during the marriage. However, Texas law also provides residents with prescriptive homestead rights allowing them to shield their personal and real homestead property from creditors.
Community Property
Texas is only one of a few minority states following the doctrine of community property; the majority of other jurisdictions are common law equitable distribution states. In these community property jurisdictions, debts from the marriage are marital or community debts and spouses are jointly responsible for repayment, even if only one spouse incurred the debt.
Creditors
Husbands are not responsible for their wives debts in Texas if they were incurred before they married. If his wife incurred the medical debt or received medical services before the marriage, a husband is not jointly responsible for repaying her separate debt. In community property states, creditors can generally attempt collection proceedings for debt repayment against both spouses. Medical debts are generally the types of debts creditors can collect from husbands to repay their wives' medical debts. In other words, the debts incurred before marriage are not his responsibility, and his wife remains solely responsible for repaying them; however, any debts incurred during their marriage are marital debts, and both spouses are jointly responsible for repayment.
Medical Billing
Texas law requires medical providers or health insurance agents to provide consumers with their medical billing information if requested. Consumers can also file complaints with the Texas Department of Insurance if they do not believe they owe their fees.
Homestead Protections
Texas law limits creditors' collection efforts to non-homestead property. Texas homestead laws prohibit creditors from using homestead property to satisfy their debts, unless those debts were used to purchase homes, for home improvements or for home equity refinancing transactions. Texas homestead laws do not shield state governments or the federal government from placing liens on homes to pay state or federal tax debts. According to the Texas Comptroller of Public Accounts and the Texas State Bar Association, Texas homestead protections prohibit medical creditors from taking homestead real property consisting of one house and land and up to $60,000 in marital personal property. Additionally, the homestead protections shield most jewelry, vehicles, heirlooms, business and personal assets from collections. As a practical matter, although a husband may be responsible for repaying his wife's marital debt, a creditor will most likely be unable to collect the debt from him, since the homestead protection statutes shield his personal and real property from collections.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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