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NELSON v. CITIZENS BANK AND TRUST CO.

No. 01-93-00995-CV.

881 S.W.2d 128 (1994)

Wesley Clyde NELSON and Marcella Nelson, Appellants, v. CITIZENS BANK AND TRUST COMPANY OF BAYTOWN, TEXAS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied August 11, 1994.

Attorney(s) appearing for the Case

Joe Hegar, Katy, John V. Elick, Bellville, for appellants.

Ben H. Schleider, Jr., David A. McDougald, Jon Pfennig, Baytown, for appellee.

Before MIRABAL, DUGGAN and WILSON, JJ.

OPINION

MIRABAL, Justice.

The main issue in this case is whether a spouse can be held personally liable for a corporate debt guaranteed only by the other spouse, based solely on the marriage relationship and community property laws. Our answer is: No. However, a non-signing spouse's interest in joint management and control community property is subject to execution to satisfy the debt.

The uncontroverted facts are that, on March 4, 1987, Nelson Warehouse...

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