Who will be responsible for the marital liabilities?
It is the intent of Texas law that one spouse is not personally liable for the debts of the other spouse, except when the other spouse was acting as an agent for the first spouse or incurring a debt for necessaries. The marriage relationship alone does not create a basis for personal liability. Each spouse’s solely managed community property is liable for that spouse’s own obligations, but it is not liable for the other spouse’s contractual liabilities. Of course both spouses may sign a contract which would make them liable and subject all marital assets to liability. When divorcing couples cannot agree on the division of the assets and liabilities, the family court is charged with the duty to make a just and right division of the marital assets and liabilities. However, the family court cannot modify the contractual obligations between either of the spouses as to the creditor.
