Legal Question in Civil Litigation in Texas

If my wife co-signs for her brother (student loan) while we are married, can they come after me (husband)? I plan on buying a house soon (it will only be in my name) our bank accounts are seperate?.... she has not done this yet but I may not be able to perswade her not to


Asked on 8/06/12, 10:37 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

No, they can't "come after you." You are not personally liable for her debts.

However, if the creditor takes a judgment against her, YOUR community property (if it's not exempt) is "liable" for execution to satisfy HER judgment. In other words, when the constable shows up with a writ of execution, you can't say, "Don't levy on that! Half of it belongs to me!"

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Answered on 8/07/12, 9:55 am


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