Being Married Flashcards
Under the common law’s unity theory of marriage…
, the legal identity of the wife disappeared and the husband controlled virtually all of the property.
Today, both spouses retain full rights to their own property during and after marriage.
What is the necessaries doctrine?
At common law, husbands were legally responsible for supporting their wives. Under the necessaries doctrine, the wife could purchase necessaries (e.g., food, clothing, shelter, etc.) on credit and charge them to her husband. The creditor who furnished the necessaries to the wife could then recover fair market value for the goods or services even though the husband did not enter into the contract.
Today, most states have modified the necessaries doctrine holding both spouses liable to creditors for necessaries purchased by the other spouse.
