Is a husband or wife responsible for his or her spouse’s debts?
In Virginia, a spouse is not ordinarily liable for his or her spouse’s individual debts (or tort liabilities) simply by virtue of the marriage. Virginia has codified the common-law doctrine of necessaries, which made a husband liable for his wife’s necessary living expenses such as shelter, food and medical care. Under Section 55-37 of the Code of Virginia as amended in 1984 and 1985, the doctrine of necessaries now applies equally to husband and wife, except when the spouses are permanently living separate and apart. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-37 . The doctrine of necessaries may make a spouse liable to a third party who supplies necessary goods or services, but would not make the spouse liable to his or her spouse in need. (A spouse in need may instead file for support or maintenance from his or her spouse.) A lien for necessaries will not attach to property held by the spouses as tenants by the entirety with the common-law right of survivorship.
An additional section of the Code of Virginia, Section 8.01-220.2, makes spouses jointly and severally liable for emergency medical treatment, including follow-up inpatient care during the initial emergency admission, received by either spouse from a physician or a hospital, so long as they are living together. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-220.2 . This additonal section for emergency care does not expressly provide for interspousal protection from a claim or protection from a lien for emergency care to tenants by the entirety property.
You should consult with a Virginia bankruptcy or divorce lawyer to discuss your particular situation.