Legal Question in Family Law in Minnesota

Re: marriage

Thank you for your question regarding marital debts. The answer is both yes, and no. In general, debts incurred by the wife, if incurred in her name alone, are not the responsibility of the husband. If the debt is in the name of the husband and wife jointly (as on a joint credit card, for example), then each party is responsible.

Despite the general rule (that individual debts are not the responsibility of the debtor's spouse), certain types of debts will be the responsibility of both parties, no matter who incurrs them.

The relevant statute is reprinted here:

519.05 LIABILITY OF HUSBAND AND WIFE.

(a) A spouse is not liable to a creditor for any debts of the other spouse. Where husband and

wife are living together, they shall be jointly and severally liable for necessary medical services

that have been furnished to either spouse, and necessary household articles and supplies furnished

to and used by the family. Notwithstanding this paragraph, in a proceeding under chapter 518 the

court may apportion such debt between the spouses.

(b) Either spouse may close a credit card account or other unsecured consumer line of credit

on which both spouses are contractually liable, by giving written notice to the creditor.

If you have further questions, you may contact me. My contact information is below.