Debts of spouses…are you liable? Maybe

Posted on September 1, 2009. Filed under: Uncategorized |

Attorney Craig Andresen has a good post on the subject:

http://www.bankruptcylawnetwork.com/2009/08/31/good-news-for-responsible-spouses-you-arent-responsible-for-the-other-spouses-debts/

but in Kentucky there is a little known law, KRS 404.040, that has been on the books for a very long time, that says that a husband is reponsible for “necessaries” furnished to his wife after marriage.  This old Kentucky case, Ketterer v. Nelson, 146 Ky. 7, 141 S.W. 409 , has interpreted this law to define “necessaries’ as medical and burial expenses.  I am not aware of any medical creditors forcing this issue through litigation recently, but it is fairly routine in this area of Kentucky for medical creditors to file suit against husbands for medical debt of the wife, invoking this statute.  Maybe it is time that this archaic, sexist law be “taken off the books” .

Make a Comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s

Liked it here?
Why not try sites on the blogroll...

%d bloggers like this: