Question:
Can one spouse file or defend a lawsuit on behalf of the other without written permission in Texas?
Answer:
No. In Texas, one spouse cannot stand in court for the other unless there is written consent. The law is clear-eyed on this. Each spouse has the right to sue or be sued alone under Section 1.105(a) of the Texas Family Code. But when it comes to acting in the other’s place—representing the other spouse in court—it’s not allowed unless the law is followed. Texas Family Code § 3.102(c) permits it only if there’s a written agreement, such as a power of attorney. Without it, there is no virtual representation. The court sees two individuals, not one speaking for both. The bond of marriage does not stretch that far in court.