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Can my husband be brought into this suit against me?

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Just Me2011

Junior Member
What is the name of your state (only U.S. law)? Texas

Long story short- I own a company as a dba. I owe another business money and they have filed against me in small claims court.
They have also filed against my husband....

The dba is in my name. I started the company, it is 100% mine. Can my husband be brought into this?

Thank you in advance.
 


eerelations

Senior Member
What is the name of your state (only U.S. law)? Texas

Long story short- I own a company as a dba. I owe another business money and they have filed against me in small claims court.
They have also filed against my husband....

The dba is in my name. I started the company, it is 100% mine. Can my husband be brought into this?

Thank you in advance.
What does your husband have to do with this company?
 

Just Me2011

Junior Member
He's married to me (community property state but can they take it so far?) and listed on the website as Account Manager.

Technically he doesn't even do that. I listed him so he wouldn't feel left out. (he has a full time job)
 
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Ohiogal

Queen Bee
He's married to me (community property state but can they take it so far?) and listed on the website as Account Manager.

Technically he doesn't even do that. I listed him so he wouldn't feel left out. (he has a full time job)
Well then you lied on your website. And yes, he can possibly be included for that reason. Now he definitely isn't being left out.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Texas

Long story short- I own a company as a dba. I owe another business money and they have filed against me in small claims court.
They have also filed against my husband....

The dba is in my name. I started the company, it is 100% mine. Can my husband be brought into this?

Thank you in advance.
You own the business as a sole prop and since anything you own/owe is half his, certainly they are entitled to and should have brought your husband into the law suit.
 

Just Me2011

Junior Member
Quite possibly I'm reading this wrong, however this reads as though he is separate.

SUBCHAPTER C. MARITAL PROPERTY LIABILITIES

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.
 

Ohiogal

Queen Bee
Quite possibly I'm reading this wrong, however this reads as though he is separate.

SUBCHAPTER C. MARITAL PROPERTY LIABILITIES

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.
YOU made him part of this by lying your website and making him an account manager for the world to see. That is how he comes in. BASED ON YOUR ACTIONS AND YOUR REPRESENTATIONS! Congrats. An account manager is an agent for the company as an employee. So under (a)(1), he is involved. He definitely shouldn't feel left out now.
 

FlyingRon

Senior Member
Well it's an odd question anyhow.

First, he certainly CAN (and already has been) "brought into the suit." Whether he can make a argument that he is excludable or not liable will be determined in court.

Second, it might not make a difference. Your marital community property is still attachable. If he had separate property, it may be a more relevant topic.
 

latigo

Senior Member
You own the business as a sole prop and since anything you own/owe is half his, certainly they are entitled to and should have brought your husband into the law suit.
Sorry to have to disagree, but contrary to what you have suggested, the liability of the OP’s husband does not turn on whether or not the OP’s business is a community asset. See Texas Family Code Title 1. Subchapter B - Chapter 3- Subchapter A - Sections 3. 201 and 3.202

In other words, the mere fact that a spouse’s independently conducted business as defined in Section 3.202 (b) happens to be community property does not alone render the other spouse personally responsible for its debts.

And if that were true in the case at hand - which it isn’t because the OP’s d/b/a does not qualify under Section 3.202 (b) as being solely managed and controlled by her - THEN the husband would not be a real party in interest and thus not a proper party to any collection lawsuit brought on by a business creditor.

(Noting that we are talking of non-tortiuous claims only.)
_________________

Also strange and unique to Texas community property law is that unless both spouses are liable to the creditors of such an independently managed and controlled d/b/a, the only community assets that are made subject to those debts are the specific assets of the business.

But then other strange and unique things seem to surface out of Texas. Our 43rd President coming immediately to mind.
 

Nancy Lopez

Junior Member
He will definitely get dragged into this no doubts about it. He is firstly your husband. and secondly you have made him a part of the company and that too an important one. So yes, he will have to face the brunt too.
 

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