Legal Question in Family Law in Virginia

Re: Husband's liability for wife's debts

You should consult with a Virginia lawyer concerning the applicability of the law to the facts of your particular situation. The following is general information on the doctrine of necessaries in Virginia.

At common law, a man could be legally responsible for any necessary goods or services provided to his spouse or his child by a third party. In Virginia, the common law doctrine of necessaries was abolished in 1983 as an unconstitutional gender-based classification under the Virginia Constitution and a violation of the equal protection clause of the 14th Amendment to the U.S. Constitution in Schilling v. Bedford Co. Hospital, 225 Va. 539, 303 S.E.2d 905 (1983).

The doctrine of necessaries survives as codified in Section 55-37 of the Code of Virginia and now applies equally to each spouse:

� 55-37. Spouse not responsible for other spouse's contracts, etc.; mutual liability for necessaries; responsibility of personal representative. � Except as otherwise provided in this section, a spouse shall not be responsible for the other spouse's contract or tort liability to a third party, whether such liability arose before or after the marriage. The doctrine of necessaries as it existed at common law shall apply equally to both spouses, except where they are permanently living separate and apart, but shall in no event create any liability between such spouses as to each other. No lien arising out of a judgment under this section shall attach to the judgment debtors' principal residence held by them as tenants by the entireties.