Legal Question in Credit and Debt Law in Texas
Can Spouse be held Liable
I recently had a judgement against me for a loan my now ex-father-in-law gave to me and my, then husband. The court ruled that since I was the one who signed the 8 1/2 x 11 piece of paper and my husband was in Korea at the time and could not be present to sign then I was completely 100%liable for the debt(which includes an inground swimming pool located at his house).
Now his attorney is conducted an asset search and requiring me to provide numerous documents to include bank statements, payroll info and loan statements. They also require my current husband who I was not married to at the time of the loan provide the same information to them. Is he required to give them any information?
1 Answer from Attorneys
Re: Can Spouse be held Liable
Yes. The judgment creditor can look to your half of the community estate, and that would include whatever may also be in your husband's name. He will have to show that whatever separate property he may have came to him a. before marriage, or b. by gift (from other than you), or c. by devise by will, or d. by descent as a matter of probate law. Everything else is considered community property.