Virginia Code 55.1-202: Spouse not responsible for other spouse’s contracts, etc.; mutual liability for necessaries; exception; 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. For the purposes of this section, liability shall not be imposed upon one spouse for health care furnished to the patient spouse who predeceases the nonpatient spouse. 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 entirety or that was held by them as tenants by the entirety prior to the death of either spouse where the tenancy terminated as a result of the death of either spouse.
Terms Used In Virginia Code 55.1-202
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Code 1919, § 5134; 1932, p. 22; Code 1950, § 55-37; 1984, c. 504; 1985, c. 202; 2012, c. 45; 2019, c. 712; 2023, c. 798.