Tex. Fam. Code § 3.201-3.203

TEXAS FAMILY CODE Chapter 3, Subchapter C — MARITAL PROPERTY LIABILITIES CHAPTER 3 • MARITAL PROPERTY RIGHTS AND LIABILITIES Subchapter C: MARITAL PROPERTY LIABILITIES Sec. 3.201. SPOUSAL LIABILITY. (a) A person is personally liable for the acts of the person's spouse only if: (1) the spouse acts as an agent for the person; or (2) the spouse incurs a debt for necessaries as provided by Subchapter F, Chapter 2. (b) Except as provided by this subchapter, community property is not subject to a liability that arises from an act of a spouse. (c) A spouse does not act as an agent for the other spouse solely because of the marriage relationship. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 3.202. RULES OF MARITAL PROPERTY LIABILITY. (a) A spouse's separate property is not subject to liabilities of the other spouse unless both spouses are liable by other rules of law. (b) Unless both spouses are personally liable as provided by this subchapter, the community property subject to a spouse's sole management, control, and disposition is not subject to: (1) any liabilities that the other spouse incurred before marriage; or (2) any nontortious liabilities that the other spouse incurs during marriage. (c) The community property subject to a spouse's sole or joint management, control, and disposition is subject to the liabilities incurred by the spouse before or during marriage. (d) All community property is subject to tortious liability of either spouse incurred during marriage. (e) For purposes of this section, all retirement allowances, annuities, accumulated contributions, optional benefits, and money in the various public retirement system accounts of this state that are community property subject to the participating spouse's sole management, control, and disposition are not subject to any claim for payment of a criminal restit em accounts of this state that are community property subject to the participating spouse's sole management, control, and disposition are not subject to any claim for payment of a criminal restitution judgment entered against the nonparticipant spouse except to the extent of the nonparticipant spouse's interest as determined in a qualified domestic relations order under Chapter 804, Government Code. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1244 (S.B. 2324), Sec. 1, eff. September 1, 2009. Sec. 3.203. ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION. (a) A judge may determine, as deemed just and equitable, the order in which particular separate or community property is subject to execution and sale to satisfy a judgment, if the property subject to liability for a judgment includes any combination of: (1) a spouse's separate property; (2) community property subject to a spouse's sole management, control, and disposition; (3) community property subject to the other spouse's sole management, control, and disposition; and (4) community property subject to the spouses' joint management, control, and disposition. (b) In determining the order in which particular property is subject to execution and sale, the judge shall consider the facts surrounding the transaction or occurrence on which the suit is based. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1