Book Yoda. Business & Investing.

My friends are married. Years ago, the wife opened a credit card account and listed her husband's name without his knowledge, signature, or permission. She racked up a debt and stopped paying, so the creditors are going after both. She just filed for bankruptcy so her end is clear, and now the CC is about to take it to court. Normally, he would only be liable if he was a joint account owner, but according to a cheap attorney, there is an obscure Texas law that says he is because they are married. Is this true?

This is the problem with Yahoo Answers...alot of people simply take the law (especially community property laws) at face value without doing any real research. You people need to understand that the CP laws are different in every state and being in a CP state does NOT automatically mean the spouses are liable.

Texas' CP laws are covered under the Texas Family Code. The TFC states that "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. A spouse does not act as an agent for the other spouse solely because of the marriage relationship."

It goes on to state that "The doctrine of necessaries was a part of the common law of the State of Texas, and is now set out in the Texas Family Code as follows: What is "necessary" varies from case to case, and is dependent upon one's station in life. At a minimum, necessaries include food, clothing, shelter, and non-elective medical care.

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So it appears here that as long as the wife did not use the card to purchase "necessaries" for the family or household, that the husband would not be personally liable. Now this is all assuming that he is listed as an authorized user and NOT a joint account holder. If he is a joint account holder then his only options are to deal with being liable for the debt or file ID theft charges against his wife.

You might also recommend to your friends that they talk to an NACA lawyer in their area about this, as they can be very helpful in dealing with these matters.

2008-07-02 17:59:04 by Persona

A school bus seat belt law stalled. It was supposed to go into effect Wednesday, but funding cuts and red tape are keeping TEA from being able to ...

In Texas, is it possible for credit card companies to seize or freeze joint bank accounts if the couple is married? Please provide proof or evidence.

this is the best i can find . Texas Wage Garnishment

Wages cannot be attached or garnished, except for child support.

Income that is not a wage can be garnished or ordered turned over to a receiver.

Bank accounts, rents and royalties can be garnished.

Exemptions include social security benefits.

WARNING For individuals living in Texas who are paid from an out of state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. 2d 317) to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully.

2008-03-07 19:32:55 by Faith

There is a home in my neighborhood that has been vacant for over 15 years. It is falling down and you cannot actually see the house anymore due to super tall grass and trees. I was wanting to purchase this home but no one can find the owners and there ARE back taxes due. What do I need to do to purchase this property? Please give a website on where you found your info.

Laws vary by state, but in Florida you can locate the legal owner of a home, including current mailing address, through the county property appraisers website since property ownership is a matter of public record. If your local property appraiser is not online, you should still be able to go to the office and conduct a record search. They may charge you a small administrative fee. You may also want to contact the local Code Enforcment Office. If they inspect the buidling and find it is not up to code or is a hazard, they can fine the owner or even have the property condemed and torn down.

Post the street address, including city & county and I'll be happy to take a crack at it for you.

Hope this helps.

2008-06-26 11:03:47 by Amanda G

I know of a large company that is subcontracting all of thier drivers to do the work who do not have commercial auto insurance or business insurance. Are these drivers in violation of any laws in Texas?

autoinsurance.maclenet.com - try this one. I have their car insurance and, as I know, they can provide such a service.

2009-03-17 21:44:20 by Matt D

I was told because of the community property law in Texas I would be unable to purchase a home without placing my wife on the loan and mortgage. I am in the military and have the VA loan to use. There has to be a way to do this without being divorced. I need to close within the next 3 months. The divorce will not be done by then.

You dont even need to file for legal seperation. The quit claim will do. This is a pretty standard procedure in community property states. If she will not execute the quitclaim, a seperation will provide a legal basis to claim that funds used to purchase the home are not community funds. But the down payment probably IS derived from community funds, so you may have a battle on your hands if she will not.

2008-01-27 04:20:11 by Dylane S