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Texas Divorce Law including alimony and child support. Texas Divorce Law... 
 

Texas Law - Are Any Debts Chargeable To the Other Spouse?

The situation most frequently arises where, after separation but before divorce, the wife runs up debts in her own name (not on the husband's credit card).

The wife then can't pay the debts, and the creditors want to collect from the husband.

In Texas, the creditors are out of luck. Having relied on the wife's credit in making the loan or supplying the goods, they may not go after the husband, even though the divorce is not final.

However, there is an exception for "necessaries" (such as food, basic clothing, and shelter). Each spouse has a duty to reimburse anyone who provides "necessaries" to the other spouse.

A similar duty to support children was in the statute and was repealed in 1995.

Section 4.02.

Cases:

In the Interest of A.D.E. (1994) 880 SW2d 241 (A parent has a duty to support a child, even without a formal court order. In this case, the child had been taken away from the parents by the state. The father had not sent any support for the child and thus violated his duty to the child.)

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