Legal Question in Credit and Debt Law in North Carolina

What do a husband & wife have to do so they are not responsible for each other's debts (state NC)? My husband & I have no joint accounts. We have never filed joint taxes. If either of us buys something or enters into a contract, we do not want the other to be obligated to it. Thanks


Asked on 10/01/10, 8:05 am

1 Answer from Attorneys

You are not legally responsible for each other's debts for most things so you are already protected. And filing under the category "married filing separately" is a good idea for taxes. However, there is something called the doctrine of necessaries. What this means is that you are responsible for "necessaries" furnished to your spouse. An example is that your husband goes to the hospital, creates a bill. Even if you did not consent to his admission, you are responsible if he does not pay. Same is true for you in that he is responsbile for your medical or other debts for necessaries.

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Answered on 1/11/11, 9:41 pm


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