Legal Question in Family Law in Texas
If a spouse benefits from the income of the other spouses rental homes (spends the money) are they not just as responsible for any cost incurred by that property?
1 Answer from Attorneys
When two people are married, assets acquired during the marriage are community property. Debts are a different story - and are complicated. During the course of the marriage they are responsible for each other's necessaries, or if one spouse was acting at the other's agent. The marriage relationship alone does not liability. It appears that you are referring to one party having separate property rental income that is shared with the community. It is possible that the income from that property, if commingled, lost it's separate nature. One spouse is not liable for the liabilities of the other spouse separate property.