As a general rule, you are not responsible for the debts of your spouse.Also, if you marry someone you do not become obligated to pay the debts they incurred prior to the marriage.But there is one major exception to these rules. You are liable for medical debts of your spouse under a legal theory called the Doctrine of Necessities. The necessities rule is not limited to medical bills. It could apply to utilities, rent, food, clothing and any other necessities, but the most common lawsuit utilizing this legal concept is in the collection of medical debts.
In Nebraska, when you marry someone you also marry their future medical debts.
If your spouse incurs medical debts during the marriage, you are liable for the debt. Even if the bills only come in the name of your spouse. Even if you did not sign for the debts. Even if you did not authorize the treatment. Even if you are separated. In Nebraska, when you marry someone you also marry their future medical debts.This doctrine has been accepted in Nebraska courts.
At the common law the husband was liable for the expenses of the last sickness ofhis wife and for her proper burial as for necessaries furnished the family and. . .he continues to be so primarily liable. Therefore, unless the Legislaturehas, by statute, expressly relieved him thereof he continues to be so liable.
In re White’s Estate, 150 Neb. 167 (Neb. 1948). Nebraska, like most states, follows the old English common law and husbands are liable for the necessary good and services provided to his family.But what about wives? Are they liable for their husband’s debts? Yes, wives are responsible for the medical debts of their husbands incurred during the marriage.Nebraska Statute 42-201 provides the rule:The property, real and personal, which any woman in the state may own at the time of her marriage, rents, issues, profits or proceeds thereof and real, personal or mixed property which shall come to her by descent, devise or the gift of any person except her husband or which she shall acquire by purchase or otherwise shall remain her sole and separate property, notwithstanding her marriage, and shall not be subject to disposal by her husband or liable for his debts; Provided, all property of a married woman, except ninety percent of her wages, not exempt by statute from sale on execution or attachment, regardless of when or how said property has been or may hereafter be acquired, shall be liable for the payment of all debts contracted for necessaries furnished the family of said married woman after execution against the husband for such indebtedness has been returned unsatisfied for want of goods and chattels, lands and tenements whereon to levy and make the same.The Nebraska statute basically imposes the common law doctrine of necessaries on wives, although it is not a perfect match.There are differences between the duties and obligations imposed on the husband under the common law as opposed to the duty imposed by Nebraska Statute 42-201. Does that make a difference?IS THE DOCTRINE OF NECESSITIES CONSTITUTIONAL?At least two states have declared the Doctrine of Necessities unconstitutional.In the case of Emmanuel v Mcgriff, the Supreme Court of Alabama struct down the doctrine of necessities as being a violation of the Equal Protection Clause of the US Constitution.The Supreme Court of Virginia has also struck down the necessities doctrine as a violation of equal protection in the case of Schilling v Bedford City Memorial Hospital. In that case the court made the following observation:
The [U.S. Supreme] Court has numerous times stated that such a gender-based classification cannot be justified on the basis of “archaic and overbroad” generalizations, “old notions,” and “role typing” which conclude that the wife plays a dependent role, while it is the husband’s primary responsibility to provide for the family. Orr, 440 U.S. at 279-80, 99 S.Ct. at 1111-12; Califano, 430 U.S. at 207, 97 S.Ct. at 1027. “No longer is the female destined solely for the home and the rearing of the family, and only the male for the marketplace and the world of ideas.” Orr, 440 U.S. at 280, 99 S.Ct. at 1112, quoting Stanton v. Stanton, 421 U.S. 7, 14-15, 95 S.Ct. 1373, 1377-1378, 43 L.Ed.2d 688 (1975).It is apparent the necessaries doctrine has its roots in the same, now outdated, assumptions as to the proper role of males and females in our society. It therefore creates a gender-based classification not substantially related to serving important governmental interests and is unconstitutional.
HARM CAUSED BY DOCTRINE OF NECESSITIESThe original purpose of the necessities doctrine was to help support wives and children by ensuring greater access to medical treatment and other necessities of life. However, in modern times the doctrine is causing some horrible problems and inequities.Married couples are sometimes divorcing for the sole reason of protecting a spouse from unbearable medical expenses. Nicholas Kristof of the New York Times writes a heart-breaking story (Until Medical Bills Do Us Part) of elderly friends who were faced with filing divorce over medical bills.Does it seem fair that married couples are burdened with each other’s medical debts but unmarried couplesdo not? That hardly seems just.What began as a legal doctrine to provide access to necessities has now become an incentive to terminate or avoid marriage.Is it time to eliminate an outdated, archaic and potentially harmful necessaries doctrine?Image courtesy of Flickr and Robert Kintner
© American Bankruptcy Institute. All rights reserved. ABI is a (501)(c)(3) non-profit business (52-1295453)
FAQs
In almost every case, you will not be held responsible for debt your spouse has incurred before your marriage. The only exception to this rule is if you become a joint account holder after marriage.
Am I legally responsible for my spouse's debt? ›
In community property states, as in common law states, you're on the hook for any debts in your name or that you cosign for. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states.
Can I be held accountable for my husband's debts? ›
You are generally not responsible for your spouse's credit card debt unless you are a co-signer for the card or you're a joint cardholder on the account. However, state laws vary, and divorce or the death of your spouse could also impact your liability for this debt.
Are married couples liable for each other's debts? ›
Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.
Can they come after me for my spouse's debt? ›
In most cases, the answer is “no,” but there are some instances in which you could be on the hook for your spouse's debt. If you live in a community property state, for example, you may be obligated to repay any debt accumulated during the marriage.
How can I not be responsible for my husband's debt? ›
Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.
Am I liable if my wife is in debt? ›
If they've taken debt out in their name only, you won't be responsible for paying it back. If you take on joint debt with your spouse, however, then you may be liable if they're not able to keep up with their part of the repayment.
How can I protect myself from my husbands debt? ›
Consider a marriage contract
There are ways a marriage contract can help protect you against your spouse's incurred debt in case of separation or divorce, says Pritchard. A legal agreement lets you decide how assets, income and debts in the marriage are handled.
Am I responsible for my husband's debt if he dies? ›
In most cases, you are not personally liable for your deceased spouse's debts. Both the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) confirm that family members usually do not have to pay the debt of deceased relatives using their personal assets.
Can creditors go after my wife? ›
If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)
In most cases, you will not be responsible for paying off your deceased spouse's debts. Exceptions vary by state. A creditor could turn to you if you live in a community property state, or if you have joint accounts or co-signed a loan, according to Tayne.
Does your husband's debt become yours? ›
You are generally not responsible for someone else's debt. When someone dies with an unpaid debt, if the debt needs to be paid, it should be paid from any money or property they left behind according to state law. This is called their estate.
Do you inherit your spouse's debt? ›
If there's no money in their estate, the debts will usually go unpaid. For survivors of deceased loved ones, including spouses, you're not responsible for their debts unless you shared legal responsibility for repaying as a co-signer, a joint account holder, or if you fall within another exception.
Can they garnish my husband's wages for my debt? ›
The Judgment Creditor may make a MOTION FOR AN ORDER TO GARNISH NON-DEBTOR SPOUSE'S WAGES to the court where the Judgment is entered. THIS MUST BE A NOTICED MOTION. [CCP 706.109].
Can my wife's bank account be garnished for my debt? ›
California is a Community Property State
As a result, it is possible for a creditor to garnish a spouse's bank account if their spouse owes a debt. It is difficult enough to have any bank account garnished, but when it is for your spouse's debt, it can be even more difficult to accept.
What is financial infidelity in a marriage? ›
Financial infidelity is a term many people are not familiar with, but it can have serious consequences in marriages and relationships. Financial infidelity occurs when one partner hides or misrepresents financial information from the other, such as keeping secret bank accounts or hiding purchases.
Am I responsible for my husband's credit card debt if he dies? ›
In most cases, you are not personally liable for your deceased spouse's debts. Both the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) confirm that family members usually do not have to pay the debt of deceased relatives using their personal assets.
When you get married does your husbands debt become yours? ›
Any debt you have before marriage remains separate, unless you add your partner as a cosigner. And debts incurred after you're married that you hold jointly can affect both spouses' credit scores. Common examples of these are mortgages and auto loans.
Can debt collectors take from your spouse? ›
Fortunately, most states are not community property states so your spouse cannot be pursued for your debts. Currently, there are only nine community property states in the United States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
Am I responsible for my husband's debt if I file separate? ›
If you choose to file separately, you are only responsible for your own tax liabilities. This can protect you from being liable for your spouse's back taxes. However, this filing status often results in higher tax rates and reduced eligibility for certain credits and deductions.
