Texas Codes
Tex. Fam. Code § 3.201 (2026)
Spousal Liability
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 43
cases (9 in the last 5 years), 2002–2025 · leading case: Frank Boggio v. USAA Fed. Sav. Bank, 696 F.3d 611 (6th Cir. 2012).
Frank Boggio v. USAA Fed. Sav. Bank, 696 F.3d 611 (6th Cir. 2012). “2007) (determining that Cockerham applies “where someone is seeking to hold one spouse jointly liable for a debt based on that spouse’s acts where the debt is facially owed by the other spouse,” but that otherwise Cockerham has been replaced by Tex. Fam.Code Ann. § 3.201(a))…”
Madison Ex Rel. M.M. v. Williamson, 241 S.W.3d 145 (Tex. App. 2007). “2d at 927 (finding no special relationship between husband and wife because wife had no right to control husband); Tex. Fam. Code Ann. § 3.201 (c) (Vernon 2006) (“A spouse does not act as an agent for the other spouse solely because of the marriage relationship.”
Patel v. Kuciemba, 82 S.W.3d 589 (Tex. App. 2002). “201(a)(1)] of the Texas Family Code which provided as follows: (a) A person is personally liable for the acts of the person’s spouse only if: (1) the spouse acts as the agent for the person;.”
in Re Steven & Shyla Lipsky & Alisa Rich, 411 S.W.3d 530 (Tex. App. 2013). “See Tex. Fam.Code Ann. § 3.201(a)(1), (c) (West 2006).”
Bush v. Bush, 336 S.W.3d 722 (Tex. App. 2010). “See TEX. FAM.CODE ANN. § 3.201 (Vernon 2006).”
In Re Trammell, 399 B.R. 177 (Bankr. N.D. Tex. 2007). “” See Tex. Fam.Code § 3.201. There is no claim that Mr.”
Brent v. Field, 275 S.W.3d 611 (Tex. App. 2008). “Tex. Fam.Code Ann. § 3.201(c) (Vernon 2006).”
Providian Nat'l Bank v. Ebarb, 180 S.W.3d 898 (Tex. App. 2005). “Tex. Fam.Code Ann. § 3.201 (Vernon 1998)(footnote omitted).”
Michael Robert Tedder v. Gardner Aldrich, Llp, 421 S.W.3d 651 (Tex. 2013). “Instead a spouse is liable only if the other spouse acts at the agent of the otherwise innocent spouse or if the other spouse incurs a debt for ‘necessaries.”
Mock v. Mock, 216 S.W.3d 370 (Tex. App. 2006). “Tex. Fam. Code Ann. §§ 3.201 -.202 (Vernon 1998).”
Martinek Grain & Bins, Inc. v. Bulldog Farms, Inc., 366 S.W.3d 800 (Tex. App. 2012). “Tex. Fam.Code Ann. § 3.201 (West 2006). Under this statute, Olga had no personal liability for C.”
In Re Charles, 375 B.R. 338 (Bankr. E.D. Tex. 2007). “8 This result is consistent with Texas law which imposes personal liability upon an individual for the acts of his spouse only if he acts as an agent for such spouse or the spouse incurs a debt for necessities, Tex. Fam.Code § 3.201 (West 2006), and which, in the absence of such…”
— Tex. Fam. Code § 3.201(a) — 8 cases
Frank Boggio v. USAA Fed. Sav. Bank, 696 F.3d 611 (6th Cir. 2012). “2007) (determining that Cockerham applies “where someone is seeking to hold one spouse jointly liable for a debt based on that spouse’s acts where the debt is facially owed by the other spouse,” but that otherwise Cockerham has been replaced by Tex. Fam.Code Ann. § 3.201(a))…”
Michael Robert Tedder v. Gardner Aldrich, Llp, 421 S.W.3d 651 (Tex. 2013). “Instead a spouse is liable only if the other spouse acts at the agent of the otherwise innocent spouse or if the other spouse incurs a debt for ‘necessaries.”
Linda Fitzerman v. Classic Americana, LLC (Tex. App. 2016).
Gilbert Estrada, Jr. v. Dana Deann Garrett-Estrada (Tex. App. 2023).
NEC Networks, LLC D/B/A/ CaptureRx v. Brooke Gilmartin, Indep. Court Adm'r of the Est. of J. Edward Charles Gilmartin (Tex. App. 2023).
— Tex. Fam. Code § 3.201(a)(1) — 2 cases
in Re Steven & Shyla Lipsky & Alisa Rich, 411 S.W.3d 530 (Tex. App. 2013). “See Tex. Fam.Code Ann. § 3.201(a)(1), (c) (West 2006).”
Patel v. Kuciemba, 82 S.W.3d 589 (Tex. App. 2002). “201(a)(1)] of the Texas Family Code which provided as follows: (a) A person is personally liable for the acts of the person’s spouse only if: (1) the spouse acts as the agent for the person;.”
— Tex. Fam. Code § 3.201(a)(2) — 1 case
In Re Trammell, 399 B.R. 177 (Bankr. N.D. Tex. 2007). “” See Tex. Fam.Code § 3.201. There is no claim that Mr.”
— Tex. Fam. Code § 3.201(b) — 2 cases
2004 Dodge Ram 1500 TX LP CPL1988 & 2000 Buick TX LP CV1N817 v. State (Tex. App. 2015).
in the Matter of the Marriage of Angela Lynn Lewis & Martin Paul Lewis (Tex. App. 2020).
— Tex. Fam. Code § 3.201(c) — 9 cases
Frank Boggio v. USAA Fed. Sav. Bank, 696 F.3d 611 (6th Cir. 2012). “2007) (determining that Cockerham applies “where someone is seeking to hold one spouse jointly liable for a debt based on that spouse’s acts where the debt is facially owed by the other spouse,” but that otherwise Cockerham has been replaced by Tex. Fam.Code Ann. § 3.201(a))…”
Brent v. Field, 275 S.W.3d 611 (Tex. App. 2008). “Tex. Fam.Code Ann. § 3.201(c) (Vernon 2006).”
Patel v. Kuciemba, 82 S.W.3d 589 (Tex. App. 2002). “201(a)(1)] of the Texas Family Code which provided as follows: (a) A person is personally liable for the acts of the person’s spouse only if: (1) the spouse acts as the agent for the person;.”
Phap v. Nguyen, Andy Ngo & Dung T. Vu v. Manh Hoang & Dung Le (Tex. App. 2015).
Envision Realty Grp., LLC & Jackson Potter, & Their Attorney David J. Potter v. Chuan C. Chen (Tex. App. 2020).
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