Q: I have a common law spouse - can a hospital come after her for a judgement on my unpaid medical bills?
A: Not unless. She
A: Not unless she personally signed and guarateeed them.
A:
You present several issues with these few statements.
Most states, including PA, recognize "common law marriages", the basic element of which is that you and she presented as man and wife to another human. E.g., it might suffice if, though unmarried, you had presented as man and wife to get a room. Of course, for a pursuing creditor to tag your now wife for subsequently incurred medical bills, the creditors) would have to first learn of that time you put yourselves out there as a married couple, and then convince those witnesses to come to court to prove all that.
There is also case law upon which to base your spouse's liability for your necessary medical bills, if you are deemed a "dependent" of hers at the time such services were rendered. The income tax returns for both of you would be probative on this point, at any trial on a claim brought by one of your creditors.
Bottom line, yes, in theory, a creditor might pursue your wife for liability on necessary services to you as her dependent. In reality, that's a long, tough row to hoe for the creditor.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
