The answer is yes. Before 1987, there was a policy called interspousal immunity. This prohibited spouses from suing one another. However, since then, this immunity has been modified in many states, including Texas. Today in Texas, a husband can sue a wife and a wife can sue a husband.
Why Would One Spouse Sue the Other?
The most common cause of action between spouses is assault. You can sue your husband or wife for assaulting you.
According to Section 22.01 of the Texas Penal Code, Assault is defined as:
- Intentionally, knowingly, or recklessly causes bodily injury to another
- Intentionally or knowingly threatens another with imminent bodily injury
- Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Other Reasons
You can also sue your husband or wife for invasion of privacy, intentional infliction of emotional distress, and illegal wire-tapping. Among many other things, these 4 listed above are the most common.
