§ 55.1-202 — Spouse not responsible for other spouse's contracts, etc.; mutual liability for necessaries; exception; responsibility of personal representative

Virginia § 55.1-202

• Jurisdiction: Virginia
• Title 55.1: Property and Conveyances
• Subtitle I: Property Conveyances
• Ch. 2: Property Rights of Married Persons

Text

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.

Legislative History

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.