Am I responsible for my spouse’s debts?

Am I responsible for my 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.  However, 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 Virginia law, the doctrine of necessaries now applies equally to husband and wife, except when the spouses are permanently living separate and apart.  The doctrine of necessaries may make a spouse liable to a third party who supplies necessary goods or services, but not to his or her spouse in need.  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.

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