LEGAL EFFECTS OF ONGOING MARRIAGE

Question 1

Spousal property rights during marriage

Answer 1

Separate Property States - Majority rule - When one spouse has title to a property, that spouse is the sole legal owner and the other spouse cannot prevent the title-holding spouse from conveying property to a third party

Question 2

Spousal Obligations during marriage

Answer 2

Duty of Support -
Creditors can enforce the duty of support by a spouse.

Liability for debts and necessaries contracted by needy spouse:
Majority of states recognize a doctrine of necessaries whereby a spouse’s liability for obligations incurred by the other spouse arises in three cases:
1. Agency theory
2. Forcing the issue
3. Medical expenses