Community Property

Research from Home icon

This legal research guide provides information about the division of property during divorce proceedings in Texas.

Disclaimer:
The State Law Library cannot tell you what a law means for your situation.

Ask a Librarian

Contact an Attorney

Community Debt

Texas Law on Community Debt

Below you will find references to areas of the Texas Family Code that governs what debts both spouses may be liable for during the marriage. If you find these statutes difficult to understand, you may want to look at the “plain English” resources on this page or speak to an attorney for guidance.

State law which discusses marital property rights and liabilities, as well as defines separate and community property.

Understanding Community Debt

In many community property jurisdictions, debts incurred during the marriage are presumed to be the joint responsibility of both spouses. However, Texas laws on this subject are a little more complicated. The resources below explain the legal issues that must be considered when determining responsibility for a debt.

This article from Nolo Press explains how a debt incurred by one spouse may be legally considered the responsibility of the other.

This article, published in the Texas Bar Journal, gives an in-depth look into the idea of community debt.

Answers from the Federal Trade Commission as to whether a spouse is responsible for the other spouse's debts after death.