Will the spouses be liable for the acts and debts of either of the spouse?

Full question:

I live with my husband in Oklahoma. Will the husband or wife be liable for the acts and debts of either of the spouse?

  • Category: Husband and Wife
  • Subcategory: Duty to Support
  • Date:
  • State: Oklahoma

Answer:

No, neither the husband nor the wife shall be answerable for the acts of either of the spouses. Husband and wife both shall be liable for themselves for the debts incurred by them  before or after marriage on their separate property and shall not be liable for each other's debts contracted before the marriage.  Also, no estate will be allowed to the husband as tenant by curtesy upon the death of the wife nor any estate by way of dower be allotted to his wife upon death of the husband.

This is provided in Okl. St. §208. It reads:

“A. Neither husband nor wife, as such, is answerable for the acts of the other.
B. The separate property of the husband is liable for the debts of the husband contracted before or after marriage, but is not liable for the debts of the wife contracted before the marriage.
C. The separate property of the wife is liable for the debts of the wife contracted before or after marriage, but is not liable for the debts of the husband contracted before the marriage.
D. No estate is allowed the husband as tenant by curtesy, upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband.”

Therefore husband and wife shall not be liable for the acts and debts of either of the spouse.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Oklahoma, a spouse is not liable for the other spouse's debts. Each individual is responsible for their own debts, regardless of when those debts were incurred. This means that if one spouse has debt, the other is not legally required to pay it.