Can a Spouse's Wages Be Garnished If I Am Sued in Texas?

Debt laws vary from state to state, and Texans must know the specifics of state laws on debt in order to prepare for various pitfalls should they become indebted. One concern involves the impact of a person's debt on a spouse. In Texas, state law establishes strict rules on marital debt, and the laws include stipulations for wage garnishment of a spouse. The ability of a creditor to garnish a spouse's wages varies based on key factors.

Pre-marital Debt

Debt that occurs prior to the start of a marriage belongs only to the debtor. If your debt occurs before the marriage, the creditor cannot seek any collection activities against your spouse. Therefore, a creditor cannot garnish a spouse's wages for this kind of debt. The only exception occurs when the spouse becomes a debtor on the account. This occurs when the spouse is added as an account holder.

Community Property Standard

Texas follows the community property standard for marital debt. Under the community property standard, the debt acquired during marriage is considered shared debt. Therefore, this debt is owed by both spouses. This differs from common law states. In common law states, debts incurred by one spouse belong only to that spouse. The community property standard in Texas means that a spouse is liable for the debts incurred by the other spouse, and this could result in wage garnishment if a creditor finds legal grounds to establish a garnishment against the spouse.

Texas Garnishment Law

A creditor can seek wage garnishment against your spouse only to the limit that the state allows it. In Texas, wage garnishment for debt to a creditor largely is not allowed. The state, though, allows two exceptions. The Internal Revenue Service can garnish wages of Texas workers to cover back taxes and defaults on federally guaranteed student loans. Student loan debt often stems from the pre-marital period. Therefore, a spouse would not face possible wage garnishment for this debt. In many cases, though, back taxes are jointly owed by both spouses, and a spouse's wages can be garnished even if that spouse is unaware that the debt is owed. Texas state law does allow for the garnishment of bank accounts, rent receipts and royalties. If a Texas resident is paid from another state, a creditor might attempt to garnish wages in the state where pay originates, and creditors have used this approach to some success.

The Bottom Line

Unless the debt owed by one spouse represents back taxes for a joint tax filing or federal student loan debt established during the marriage, a spouse in Texas cannot have wages from employment garnished in order to pay a judgment established by a creditor. Most marital property, though, is subject to the establishment of a lien by the debtor. If the spouse receives income from rent payments or royalties, a creditor can garnish that income.