I received a phone call last week from a CA (Merchants & Professional-TX) concerning my husband's medical debt. I told them he was not home and they asked me if I was his wife. I said "yes". So they wanted me to pay for the debt. I told them I would have to talk to my husband about it........yada, yada, yada. Anyway, after pulling my credit report this morning, I noticed Merchants is now reporting my husband's medical debt on my report. Is this legal? I live in Texas. Also, he was the only one that signed all necessary paperwork when he went into the emergency room.
In Texas it doesn't matter. It is HIS debt. It is one of the few states where a husband and wife's debts are separate from the onset. Unless SHE listed herself as Guarantor, HIS listing her as one means nothing. He cannot cause her to take on his debt. I would tell this CA to stick it where the sun don't shine after they write me a $1K check!
There are two reasons that they can hold you responsible for this debt. 1: Texas is a Community Property State. That means the assets and liabilities of one spouse are by law the assets and liabilities of BOTH spouses. His debt is your debt and your debt is his debt. 2: All states recognize a spousal liability for the "necessaries of life" for the other spouse as long as the two are living in the same household. This doctrine also extends to the necessaries of dependent children.
