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  1. #1
    Join Date
    Mar 2010
    Posts
    3

    Default Is Wife Responsible for Husband's Medical Bill

    I live in the State of California.
    I had a bad luck with my health and went into emergency room for treatment. I had no insurance at that time. I then applied and qualified for county insurance but they're not covering it. Hospital's Emergency Room made me sign some papers. My wife wasn't there, and she didn't sign anything. Now I have over 3000 dollars bill under my name. I don't have a job, and this bill will probably end up in collection or in court. My question is: Will they sue my wife even though she never signed anything? The hospital has no information about my wife, but the county insurance does. We were married overseas; therefore, our married was never registered in the U.S. However, we file our taxes together as married. My wife doesn't make a lot of money, and I certainly do not want them coming after my poor wife who's currently supporting me since I'm unemployed. I need some advice here. I do not care about my credit report. We don't have a house or anything. All we have is an old car under my name. Please do not blame me for trying to leave my wife out of this. I love her, and I want her to have a clean sheet. What is the doctrine of necessary? Will that apply to us? The hospital refused to accept what we can afford to pay. What options do I have? I'm willing to pay it off later when I get a job, but, as long as I'm unemployed, I have no choice but just to let the bill go unpaid. Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is Wife Responsible for Husband's Medical Bill

    Within the context of an intact marriage, under its statutory codification of the doctrine of necessities, California law makes a spouse responsible for the cost of necessary medical care of the other spouse.
    Quote Quoting California Family Code, Sec. 914.
    (a) Notwithstanding Section 913, a married person is personally liable for the following debts incurred by the person's spouse during marriage:;
    (1) A debt incurred for necessaries of life of the person's spouse while the spouses are living together.

    (2) Except as provided in Section 4302, a debt incurred for common necessaries of life of the person's spouse while the spouses are living separately.
    (b) The separate property of a married person may be applied to the satisfaction of a debt for which the person is personally liable pursuant to this section. If separate property is so applied at a time when nonexempt property in the community estate or separate property of the person's spouse is available but is not applied to the satisfaction of the debt, the married person is entitled to reimbursement to the extent such property was available.

    (c)
    (1) Except as provided in paragraph (2), the statute of limitations set forth in Section 366.2 of the Code of Civil Procedure shall apply if the spouse for whom the married person is personally liable dies.

    (2) If the surviving spouse had actual knowledge of the debt prior to expiration of the period set forth in Section 366.2 and the personal representative of the deceased spouse's estate failed to provide the creditor asserting the claim under this section with a timely written notice of the probate administration of the estate in the manner provided for pursuant to Section 9050 of the Probate Code, the statute of limitations set forth in Section 337 or 339, as applicable, shall apply.

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