Husband asking wife to sign for loan symbolizing the question are you responsible for unkown debts of your spouse in divorce.

Navigating the financial intricacies of a divorce can be as complex and bewildering as the emotional journey it accompanies. Among the myriad concerns that affluent professionals face during these tumultuous times, one question stands out for its potential to impact both personal and professional lives: Will you be responsible for debts your spouse incurred without your knowledge in your divorce? Understanding the legal landscape surrounding this question is crucial for individuals aiming to protect their assets and financial stability. This blog post delves into the pertinent case law and statutes to offer clarity and guidance.

Fiduciary Duty Between Spouses

In simple terms, fiduciary duty refers to a special obligation that spouses have to act in each other’s best interests, especially concerning shared finances and assets. It requires honesty, transparency, and prioritizing the well-being of one’s partner over personal interests.

This fundamental principle is crucial in divorce law, shaping the way spouses manage their community estate. As highlighted in Connell v. Connell, spouses are bound by this duty in their dealings. This fiduciary duty underpins the concept of “fraud on the community,” a legal notion rooted in constructive fraud.

“Fraud on the community” occurs when there is a breach of the legal or equitable duty between spouses, violating the fiduciary relationship. This breach can lead to harmful consequences for one spouse, often resulting in legal remedies to address the injustice.

“A presumption of ‘constructive fraud,’ i.e., waste, arises when one spouse disposes of the other spouse’s interest in community property without the other’s knowledge or consent” (Puntarelli v. Peterson, 405 S.W.3d at 137-38). No proof of intent to deceive is required. Id. at 138.

Understanding fiduciary duty is essential for ensuring fairness and equity in divorce proceedings, as it guides how spouses handle financial matters and obligations within the marriage.

Understanding Fraudulent Inducement in Divorce

Fraudulent inducement plays a pivotal role in divorce proceedings, particularly when examining financial obligations incurred during the marriage. It occurs when one spouse deceives the other into entering a financial agreement, such as obtaining debt, by making false promises or misrepresentations with no intention of fulfilling them.

To better illustrate this concept, let’s consider a scenario where one spouse convinces the other to take out a loan to renovate a vacation home that he purchased before the marriage, which is considered separate property. The deceiving spouse promises to change the deed to add the other spouse as a joint owner with a 50% interest, effectively making it a community property asset. However, despite these assurances, the deceiving spouse has no intention of following through on these promises and instead manipulates the situation to benefit solely from the renovations without sharing ownership.

“To recover for fraudulent inducement, a plaintiff must show that the defendant made a promise of future performance with no intention of performing, and that the promise induced her to enter a contract to her detriment” (Anderson v. Durant, 550 S.W.3d 605, 614 (Tex. 2018)).

This means that the deceiving spouse’s false promises or misrepresentations must have led the innocent spouse to agree to a financial arrangement that ultimately harms them. In essence, fraudulent inducement constitutes a breach of the fiduciary duty between spouses, triggering legal remedies to address the resulting harm.

Understanding “Fraud on the Community”

“‘Fraud on the community’ is a judicially created concept based on the theory of constructive fraud and is applied when there is a breach of a legal or equitable duty, which violates this fiduciary relationship existing between spouses” (Greco v. Greco, No. 04-07-00748-CV, 2008 WL 4056328, at *5 (Tex. App-San Antonio Aug. 29, 2008, no pet.)) (citing Zieba v. Martin, 928 S.W.2d 782, 789 (Tex. App-Houston [14th Dist] 1996, no writ.) (op. on reh’g)).

In simpler terms, “fraud on the community” occurs when one spouse’s actions harm the marital estate by violating their duty to act in the best interests of their partner. This breach can take various forms, such as concealing assets, dissipating funds, or making fraudulent transactions, all of which undermine the integrity of the community property.

Understanding “fraud on the community” is crucial for protecting the rights and interests of spouses during divorce proceedings. It serves as a legal mechanism to hold accountable those who engage in deceptive or harmful conduct that undermines the equitable distribution of marital assets.

Addressing Fraud on the Community

“When one spouse commits fraud on the community, Texas Family Code Section 7.009 provides a statutory remedy. This section mandates the court to first determine the extent to which the community estate was depleted due to the fraud and then divide the reconstituted estate in a manner deemed just and right.”

The term “reconstituted estate” refers to the total value of the community estate that would have existed had the fraud not occurred. In essence, it represents a hypothetical scenario where the fraudulent actions did not deplete the marital assets.

The court, with its discretion, may award a disproportionate share of the remaining community assets to the aggrieved spouse or even a money judgment against the fraudulent spouse. This means that the court can allocate a larger portion of the remaining assets to the innocent spouse to offset the harm caused by the fraud.

“Once the court determines one spouse committed fraud on the community, it must determine the amount by which the community estate was depleted due to the fraud and the amount of the reconstituted estate—that is, the total value of the community estate that would have existed but for the fraud. The court then must divide the value of the reconstituted estate in a manner it deems just and right. To do so, the court may award a disproportionate share of the remaining community assets to the wronged spouse, or may award a money judgment to the wronged spouse against the spouse who committed fraud, or a combination of both” (Tex. Fam. Code Ann. § 7.009(a), (b), (c)).

This statutory provision aims to restore fairness and equity to the aggrieved spouse by rectifying the financial harm caused by the fraudulent actions of their partner.


The responsibility for debts incurred by a spouse without your knowledge in a divorce is a complex issue, shaped by specific legal principles and statutes. The fiduciary duty between spouses, the concept of fraud on the community, and the statutory remedies available offer a framework through which affected individuals can seek to protect their financial interests. With the right legal guidance and a proactive approach, it is possible to navigate these challenges effectively, safeguarding your assets and ensuring a fair resolution to your divorce proceedings.

To retain an experienced Texas divorce lawyer for your divorce or child custody case in DallasDentonCollin or Rockwall County, please schedule a consultation with us today.