Dyke, VA asked in Real Estate Law for Virginia

Q: Pls explain the term, "mutual liability for necessaries" in layman's detail

When a married couple, who were building a house in VA prior to 2014, separated for 4 years, are spouses legally responsible for each others subsequent debts if all prior debts were fully and appropriately allocated at time of separation?

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1 Lawyer Answer

A: The agreement you made with your ex-wife to allocate marital debt has nothing to do with the third parties to whom you owe money unless they signed the agreement and agreed to let you off the hook. Once the bonds of matrimony are broken, however, the doctrine of necessaries no longer applies to newly acquired debt. Debts acquired before the divorce is final remain the liability of both spouses if the debt was acquired for necessaries.

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