Do I Have to Pay My Wife's Debt in Texas?

State laws determine whether you are responsible for debts incurred by your spouse. In most states, you are only liable for your wife's debts if you cosigned the agreement. However, in community property states, such as Texas, you may also be liable for debts that you didn't cosign.

Liability For Debts Of Spouse

Under Texas law, you can be directly liable or indirectly liable for your spouse's debt, or you may not be liable at all. You are directly liable for a debt your spouse incurred if you cosigned the agreement. You are indirectly liable for a debt your spouse incurred if your spouse was acting as an agent for you or if your spouse incurred the debt for a purpose that falls under Texas's doctrine of necessaries. You aren't liable for the debt at all if your spouse incurred the debt on her own and for a purpose not covered under Texas's doctrine of necessaries.

Doctrine of Necessaries

The doctrine of necessaries states that one spouse has a duty to support the other spouse. If you fail to support your spouse, then you are liable for the debts she incurs to provide for her necessaries. Necessaries may include different things depending on the circumstances of the family. However, Texas considers food, shelter, clothing and medical care to be necessaries for every individual.

Community Property

Because Texas is a community property state, Texas creditors may be able to take property that you and your spouse own jointly even if you aren't directly or indirectly liable for her debts under law. Creditors can take community property to satisfy debts your spouse incurred either before or during the marriage. However, creditors can't take property that your wife has no interest in to satisfy debts you aren't jointly liable for under Texas law.

Considerations

Texas law may also consider you liable for debts your spouse incurs to support your child. However, the child must be a minor, or he must be enrolled in a secondary education program. Although Texas considers wages community property, most creditors can't garnish your wages in Texas. At the time of publication, creditors can only garnish your wages to satisfy court-ordered child support debt.