Legal Question in Wills and Trusts in Texas
I married without a prenup. My husband has significant debt. Is it to late to have a prenup aggreement to seperate the debt in the event of death?
2 Answers from Attorneys
In Texas there is no such thing as marital debt. One spouse is responsible for the debt of another spouse only if s/he consents to be responsible such as by cosigning a loan or by opening joint credit cards
The only other way a spouse is responsible for the debt of another spouse is if the debt incurred was for "necessaries": food clothing shelter, etc.
Although you can do a "post nuptual" or "antenuptual" agreement, it doesn't effect the people with whom the debt was incurred. If you co-signed the debt, or agreed to be bound by it, it's your debt as well. If you didn't, and you didn't participate in acquiring the debt, it's not yours, despite what the collection agencies are telling you.