Legal Question in Credit and Debt Law in Florida

Re: Debt Responsibility by spouse

Subject to statutes to the contrary, Your father is not responsible for your mother's bills, unless he agreed, in writing, to pay any such bills. In no event is his homestead at risk, except for the mortgage or other consentual liens, and taxes.

Re: Debt Responsibility by spouse

I disagree with the response from Mr. Stein. It is clear to me that your father is responsible for your mother's medical bills provided that they are married. The law in Florida relates back to common law from England where the husband was always responsible for the debts of the wife.

The common law, was given vitality in this state in 1845 when the statutes of Great Britain were collected and reported to the First General Assembly of the Legislature of Florida, and is the

fountainhead of the rule that a husband is responsible for the necessaries of his spouse, and medical expenses fall clearly within that category of obligations. Correll v. Elkins, 195 So.2d 27 (Fla. 1st DCA 1967); Holiday Hospital Association v. Schwarz, 166 So.2d 493 (Fla. 2d DCA 1964). See also Manatee Convalescent Center v. McDonald, 392 So.2d 1356 (Fla.App. 2 Dist. 1980), in which the Wife was also found to be responsible for the Husband's obligations.

The house, if the legal homestead of your father, is safe from any legal proceedings of any creditors except those in which the house was specifically given as collateral such as a mortgage.

This is a serious legal matter. I strongly suggest that your father meet with an attorney to review this matter fully.

Scott R. Jay, Esq. 305-249-8000

Re: Debt Responsibility by spouse

Part II

Further, there is no question that either spouse is responsible for the other's necessaries, including medical bills. Parkway General Hospital v. Stern, 400 So.2d 166 (Fla. 3d DCA

1981). The obligation does not exist solely in the common law, however. The Florida legislature has enacted statutes enforcing the obligation of support.

According to section 61.09, Florida Statutes (1983): Alimony and child support unconnected with

dissolution. � If a person having the ability to

contribute to the maintenance of his or her spouse

and support of his or her minor children fails to do so, the spouse who is not receiving support or who has custody of the children may petition the court for alimony and for support for minor children without petitioning for dissolution of marriage, and the court shall enter such order as it deems just and proper.

The marital status signifies to creditors that a spouse remains financially responsible. A spouse may not may not merely "cast off his or her responsibility to third persons for obligations incurred by the other spouse for items which are of the character of the family expenses." Beers v. Public Health Trust Of Dade County, 468 So.2d 995 (Fla.App. 3 Dist. 1985).

Scott R. Jay, Esq. 305-249-8000