QUESTION

Am I legaly responsable for my ex wifes Debts?

Asked on Nov 04th, 2012 on Collections - Nevada
More details to this question:
We havent been together for seven years and legaly divorced for almost a year. I have been paying child support for over six years. I am now being taken to court for her medical bills she had from over a year ago. they are her medical bills not one of my childrens bills.
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1 ANSWER

R. Christopher Reade
The answer that is being provided is uniformly misunderstood and misapplied by Courts in the State of Nevada. Husbands and wives are not liable for debts of other incurred before marriage. NRS 123.050. Because Nevada is a community property state, likewise the community property interests of each spouse may be attached for community debt. During the marriage, the rules for Husbands and Wives differ by statute for attachment of separate property for the debts of the other spouse. If the husband neglects to make adequate provision for the support of his wife, any creditor may in good faith supply her with articles necessary for her support, and recover the reasonable value thereof from the husband. The separate property of the husband is liable for the cost of such necessities if the community property of the spouses is not sufficient to satisfy such debt. NRS 123.090. The key phrase in this statute is "necessary"; a Corvette which was rented by wife without HUsband's knowledge was not found to be necessary. Ferreira v. P.C.H. Inc., 105 Nev. 305, 774 P.2d 1041 (1989). Medical bills would most likely be found to be necessary support. Conversely the bar is lower for Wives being liable for the debts of their Husbands. A wife must support the husband out of her separate property when he has no separate property and they have no community property and he, from infirmity, is not able or competent to support himself. NRS 123.110. Based upon the foregoing standards, you should determine if you were still married at the time that the medical bills were incurred. One final issue which you should consider: many divorce decrees contain language that each spouse shall defend and indemnify the other spouse from their individual debts. Therefore you may be able to obtain an Order in the domestic proceeding for indemnification.
Answered on Nov 05th, 2012 at 4:34 PM

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