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Is Texas a community debt state?

Weatherford, TX |

I know Texas is a community property state, but my question pertains only to debt and if 1 spouse files bankruptcy alone. Can creditors go after the other spouse to repay these debts. I have looked on alot of websites and they all disagree with each other concerning the debt issues. So please only reply if you know the laws in Texas for sure.
Seems as if attorneys in Texas also disagree. I would like to know where to find the actual law in Texas legal code

Attorney Answers 3

Posted

Community property also means community debt. But to answer your questions, unless the spouse is a co-signor on the account the creditors are not going to come after them.

Legally they could but they will not. I have been dealing with debt issues for several years on both sides, as a owner of a collection agency and now as an attorney who defends people sued for unpaid debts and I have never seen or heard of a creditor going after a spouse that was not a co-signor on an account.

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Posted

Here is a good place to start to look up the law. self help books, etc., but the answer really depends on the type of debt in a community property state.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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Posted

Here is another source for the Texas Code.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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