Legal Question in Credit and Debt Law in Virginia

financila liability in a marriage

When a man and woman are legally married - and the utilities are in an individual partner's name ONLY - are BOTH husband and wife responsible for bill. For example, the phone bill is ONLY in the wife's name, is the husband liable for payment?


Asked on 12/11/00, 9:42 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: financila liability in a marriage

No. Spouses are ordinarily only liable for necessary medical care provided for the other spouse in Virginia.

That said, I would also point out that if your spouse is sued and suffers a judgment, then any jointly owned property can be subject to garnishment or seizure. That doesn't include real property where the deed says, "as husband and wife" or "tenants by the entireties". That property is owned by the marriage, not by either of the individuals, and is not subject to seizure except for joint debts. But your household bank account can be garnished, and a car owned jointly can be seized.

Usually, this kind of question arises in a domestic relations context. If you're separating or contemplating divorce, it's in your best interests to get your property divided early, anyway. Cancel all joint credit cards, bank accounts, etc. and sell all jointly owned CD's, stocks, bonds, etc. Make sure you can account for the proceeds accurately if you do it on your own. It is legitimate to liquidate jointly owned assets to pay jointly incurred debt and you should do that as soon as possible if you're in a marital crisis.

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Answered on 12/13/00, 7:42 am


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