Legal Question in Credit and Debt Law in Texas

Debt prior to marriage

I incurred debt in 1992 in Illinois and became disabled shortly after moving to Arkansas. I married my current wife in 2003 and we reside in Texas. I am 64 years old. I receive disability social security and VA, as well as a small military retirement. My wife has her own pension from a previous marriage and her own bank account and all our personal property is in her name. If credit judgments are levied against me, is my wife liable for any part of my old debts? Can her pension/bank account/property be seized for my debts/judgments? If necessary, can I file bankruptcy on my own? My wife has no credit problems.


Asked on 7/21/05, 11:55 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Debt prior to marriage

First, if the only debt you are worried about being adjudged against you is the 1992 debt, most likely the statute of limitations has run for filing suit on that debt. In Texas, the statute of limitations for suit on a debt is four years; I don't know what it is in Illinois but doubt it is ten years. So it may just be a debt collector trying to collect it. You can tell them (or write them) to cease and desist from all communications with you regarding the debt. Monitor your credit report; if it shows up, you have a cause of action against them. Worst case scenario, it is highly unlikely, if a judgment were entered against you, that your wife's property could be reached to satisfy the judgment.

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Answered on 7/22/05, 11:26 am


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