Sole Bankruptcy: Why Your Spouse’s Debts Still Matter in TX

 Posted on December 04, 2025 in Bankruptcy

Texas couples may be shocked to learn that a bankruptcy filing by only one spouse can still affect the other spouse. Because Texas is a community property state (Chapter 3, Subchapter A, Section 3.002), the bankruptcy estate includes everything acquired during the marriage – even if only one spouse files.  

What often happens is that the non-filing spouse’s creditors surface during bankruptcy. Perhaps the non-filing spouse has old debts, medical bills, or credit card accounts that the filing spouse did not consider. What this means in practical terms is that the non-filing spouse’s creditors may file claims or challenge exemptions even though that spouse is not personally filing for bankruptcy.

If only one spouse is filing for bankruptcy, community debts owed solely by the non-filing spouse may be eliminated, but this protection applies only when the bankruptcy is planned correctly from the start. Speaking with an experienced Galveston County, TX consumer bankruptcy lawyer can help you understand your rights, avoid costly surprises, and protect both spouses.  

Why Texas’s Community Property Status Matters in Bankruptcy

As one of only nine community property states in the United States, Texas considers all income earned during marriage as community property. Most assets acquired during the marriage belong to the community. Even when a couple has separate bank accounts, the characterization of the property, not the name on the account, matters. When one spouse files for bankruptcy, all community property is included in the bankruptcy estate.

What this means is that even when only one spouse files for bankruptcy, the filing spouse’s estate includes both spouses’ community property. If the non-filing spouse has separate property, then that property is not involved in the bankruptcy. Separate property can include property the spouse had before the marriage, or gifts and inheritances given specifically to one spouse. This is true unless the spouse’s separate property was commingled with marital property.

Commingling can occur when the spouse with separate property adds the other spouse’s name to the bank account or deed, when the non-owner spouse significantly contributes to the value of separate property, or when marital funds are used to make repairs or increase the value of separate property. So, unless an asset has been strictly kept as non-marital, creditors of the non-filing spouse may appear because the asset is considered community property. Debts of the non-filing spouse may also be pulled into the bankruptcy estate.

What the Non-Filing Spouse’s Creditors May Do

The trustee has control over all community assets during the bankruptcy case. Creditors of the non-filing spouse may come in and claim an asset was improperly labeled as separate property, or that too much equity was shielded by Texas exemptions. A bank account that the non-filing spouse may believe is his or her separate property may be deemed community property, thus available to pay debts.

The non-filing spouse’s creditors may file a proof of claim in an attempt to secure a place in the payout queue. In some cases, a creditor of the non-filing spouse may attempt to collect after discharge, particularly with out-of-state creditors who may not understand Texas community property laws.

The positive aspect is that when only one spouse files, all community debts are discharged, and this protection continues as long as the couple remains married. So, while the non-filing spouse’s creditors may appear during the bankruptcy, after discharge, they are generally blocked from touching community assets.

When Should Both Spouses File Together?

Filing bankruptcy jointly makes the Means Test qualification easier and may be the better option when:

• Both spouses have significant community debt
• The non-filing spouse has substantial separate debt
• Major assets are clearly community property
• Avoiding creditor interference is a priority
• One spouse expects large medical bills or income changes soon

Contact a Galveston, TX Chapter 7 Bankruptcy Lawyer

Filing bankruptcy without addressing Texas community property rules can create unpleasant surprises. Working with a knowledgeable Galveston County, TX Chapter 13 bankruptcy attorney from The Fealy Law Firm, PC can help ensure the non-filing spouse is protected, and creditors are prevented from reaching community assets after discharge. Attorney Fealy is wholly focused on helping good people through difficult financial times. Call 713-526-5220 to schedule your free consultation.