Is a Spouse Liable for the Debts of the Other Spouse?

In “Contracts 101" all law students are taught that a spouse can be held liable for the “necessities” of the other spouse. This tenant has been promulgated in Ohio in O.R.C. 3103.03. The statute states in part:

“(A) Each married person must support the person's self and spouse out of the person's property or by the person's labor. If a married person is unable to do so, the spouse of the married person must assist in the support so far as the spouse is able...

"If a married person neglects to support the person's spouse in accordance with this section, any other person, in good faith, may supply the spouse with necessaries for the support of the spouse and recover the reasonable value of the necessaries supplied from the married person who neglected to support the spouse unless the spouse abandons that person without cause.”

Historically, “necessities” have included medical care, sustenance, and housing. In the event a spouse fails to provide these necessities, the spouse or a third party may take action against the non-supporting spouse to pay for these necessities.

But what happens when the spouse is able, but fails, to pay? A recent of Ohio case, Brown v. Williamson, 2009 Ohio 4579, took up this issue. In this case, the husband failed to pay rent and the landlord sued both spouses for the back rent even though the wife did not sign the lease. The lower court found in favor of the landlord stating, in fact, the wife is liable for necessitates, which includes housing.

The appellate court disagreed, in part. The court, citing Ohio State Univ. Med. Center v. Calovini, 2002 Ohio 5756,, in part, stated, “...we agree with the trial court that housing, like medical care, qualifies as a ‘necessary’ and is a component of a spouse's support obligation under R.C. § 3103.03. But even if the statute is applicable here, [the wife is not liable] for her husband's rent obligation unless he is unable to pay the debt and she is able to aid in his support by paying it herself...”

Therefore, the court set forth the following criteria before a spouse can held liable for the debt of their spouse:

1. The debt must be for a “necessity, i.e. medical, food or housing, etc.

2. The spouse must be unable to pay for the necessity themselves, and

3. The spouse has the ability to aid in that support obligation.

As a result, it appears any creditor must exhaust all efforts against one spouse before pursuing the other spouse. And, in pursuing the other spouse, the creditor must show the other spouse has the financial means to pay the obligation.