Debunking Texas’ Community Debt Myth
(The Mills Cox Chair of Law, Baylor University) and Allison Dickson (J.D. 2007, Baylor University) have published their article Marital Property Liabilities: Dispelling the Myth of Community Debt, 73 Tex. B.J. 16 (2010).
The following is the introduction to the article:
The time has come to debunk a myth that has pervaded Texas court decisions and legislation for more than 40 years. We must all face the truth. Once and for all: There is no such thing as “community debt.”
This article gives a brief overview of the basic tenets of Texas marital property law and discusses the legislative scheme for handling marital liability debts. Importantly, it addresses the source of the mythical concept that is community debt and identifies existing statutes that perpetuate the community debt misnomer. Finally, this article calls for Texas courts and the Legislature to incorporate current law into opinions and legislation so as to eliminate confusion among practitioners and the public alike.