Am I Liable for my Spouse’s
Debts?
The common law doctrine of necessaries
provided that a husband is liable to a creditor for necessaries provided to his
wife. Under Arkansas common law, the
wife has not been held to be similarly liable.
Medlock v Fort Smith Service Finance Corp., 304 Ark. 652, 803
S.W. 930 (1991). Necessaries include
such things as food, clothing, medical care and housing. See Davis v. Baxter County Regional
Hospital, 313 Ark. 388, 855 S.W.2d 303 (1993), for a more extensive
description of the doctrine.
However, Ark. Code Ann. § 9-11-516 abolished
the doctrine of necessaries, stating, in part:
Absent express
authority, neither a husband nor a wife is liable for the other’s debt
obligations, including those for necessaries.
Ark.
Code Ann. § 9-11-516(a)(1).
Ark. Code Ann. § 9-11-516 was passed by the
Arkansas Legislature in the 2011 Regular Session and became effective on July
27, 2011. Op. Ark. Att’y Gen. No. 56
(2011).
To sum up, women have never been liable for
their husbands’ debts. Men, on the other
hand, are liable on their wives’ debts incurred for necessaries up until July
27, 2011, after which time men are not liable for their wives’ debts.