Spousal Rights During Marriage

Question 1

Separate Property v. Community Property

Answer 1

Most states are so-called separate property states where the spouse with title to property is the legal owner. 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

Support Obligations During Marriage

Answer 2

The duty of support is generally not enforceable by a spouse directly during the marriage because the court has a policy of non-intervention.

Question 3

Creditor’s Rights Against Unsupportive Spouse

Answer 3

A creditor may enforce the duty of support if it is forced to pay for something that one of the spouses was supposed to provide.

Question 4

Liability for Necessaries K by Needy Spouse

Answer 4

The majority of states recognize a doctrine of necessaries whereby a spouse’s liability for obligations incurred by the other spouse arises in three primary situations:

• agency theory
• forcing the issue; and
• medical expenses

Question 5

Liability of Spouses for Another’s Debt

Answer 5

Some states impose primary liability on the spouse who directly incurred the debt or liability, and secondary liability on the other spouse.