Texas is a community property state. In other words, all property owned by married persons on the dissolution of a marriage, whether by death or divorce, is presumed to be the property of both the husband and wife. Likewise, any debts incurred during marriage are presumed to be community debt. This means that the debts are presumed to be owed by both the husband and the wife. Like community property, community debt must also be divided in a divorce. However, since the creditor is not a party to the divorce action, the creditor may still pursue either spouse for collection of the debt, as creditors are not bound by the terms of the divorce decree and the divorce court's allocation of responsibility for joint debts. If the divorce court orders a spouse to pay a community debt and he or she does not, the other spouse may file an enforcement action against the non-paying spouse.

Contact Austin, Texas Divorce Attorney and Family Law Lawyer David Todd now to learn your options and protect your family and get a free copy of our 'Texas Divorce and Family Law Guide' and learn the facts about divorce and family law in Texas.

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Q: What is considered community property and community debt?

A: Texas is a "community property" state. In other words, all property owned by married persons on the dissolution of a marriage, whether by death or divorce, is presumed to be the property of both the husband and wife. Likewise, any debts incurred during marriage are presumed to be community debt. This means that the debts are presumed to be owed by both the husband and the wife. Like community property, community debt must also be divided in a divorce. However, since the creditor is not a party to the divorce action, the creditor may still pursue either spouse for collection of the debt, as creditors are not bound by the terms of the divorce decree and the divorce court's allocation of responsibility for joint debts. If the divorce court orders a spouse to pay a community debt and he or she does not, the other spouse may file an enforcement action against the non-paying spouse.


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