You do not have to pay the debts of your spouse which were incurred before the marriage, and a husband or wife is not responsible for repayment of a debt incurred by the other spouse after the marriage, except to the extent that the debt is for necessaries. Necessaries include those things required for survival, including reasonable food, clothing, and shelter.

In addition, a spouse of an applicant for credit is ordinarily not liable for any debts where that spouse has not signed the application for credit, unless the credit was used for furnishing necessaries for which the spouse was liable under common law.

Under Tennessee law, either or both spouses may hold property separately. Property held jointly by husband and wife is presumed to be held as tenants by the entirety, but this presumption may be rebutted. As tenants by the entirety, each of the spouses has the right to the use and occupance of the property and also a right of survivorship. This "right of survivorship" means that when a spouse dies, the surviving spouse owns the property free and clear of the claims of heirs or the deceased spouse's creditors.

If debts are incurred after marriage by only one spouse, the creditors are limited in their recovery to that spouse's individual property or his or her right of survivorship in property held as tenants by the entirety. If the spouse who owes the debts does not have any property of his or her own and dies before the other spouse, creditors would be entitled to no interest in the property owned by the surviving spouse.

Until now, we have discussed debts owed as part of a purchase of some thing. It is also possible for a problem to develop if one of the marriage partners becomes involved in a lawsuit stemming from an accident or injury. Generally, a married person is not liable for any injury or damages caused to another by his or her spouse. The one exception, however, is a case where that married person would be liable regardless of the marriage.

A person injured in an accident is treated no differently than any other creditor. If only one spouse is found liable to the injured person, then the injured person must seek recovery from property held by the debtor spouse individually or be limited to that spouse's right of survivorship in property held as tenants by the entirety.

As you can see, the problems of debts incurred by husband and wife can be complicated.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.