Is a Husband Responsible for a Wife's Debt in Texas?

Texas is a community property state and as such, many people believe the husband is responsible for his wife's debt and vice versa. In some cases that is true, but the reality of the law is actually much more complicated, particularly when you are getting divorced. Laws may vary if your spouse passes away instead.. The best course of action is to consult with a divorce or probate attorney to help clarify specific Texas laws and statutes.

Community Debts

In Texas, it is generally assumed that debts acquired while you're married are community debts unless specific documentation is generated to prove otherwise. Sometimes the simple use of a credit account is enough proof for the law to declare the debt shared by both husband and wife. If a married woman gets a credit card in her own name without her husband as a co-signer or joint account holder, the debt may be determined to belong to her alone. If the husband uses the credit card and signs a sales slip for it as an authorized user however, the law could declare that debt account to be a community debt that he shares with his wife.

Individual Debts

Individual debts are usually those debts a man and woman had before getting married. As individual debts, Texas law does not normally hold the spouse liable for repayment. Debts can also be incurred as individual debts while a man and woman are married, as long as sufficient documentation is filed to support the claim of individual debt and there is no proof the spouse also used the debt, such as in the example of a husband using his wife's credit card.

Individual Proof

Due to community property laws, Texas assumes that all assets and all debts that were acquired during the marriage are community assets and debts. This assumption is solidified by evidence of both parties using or accessing a debt account. In order to claim specific debts are individual debts, a husband or wife must provide adequate proof in the form of contracts or notarized statements.

Creditor's View

Despite how debts are listed in the divorce decree, many creditors will still hold a husband responsible for his wife's debt in Texas because it is a community property state. The divorce settlement may declare specific debts the wife must pay for and specific debts the husband must pay for, but since the creditor was not part of that agreement process they are likely to go after both the husband and wife regardless.