Title: Utah Law: Jointly and Severally Liable for Family Expenses
1UTAH LAW
JOINTLY AND SEVERALLY LIABLE FOR FAMILY EXPENSES
2Under Utah Code Annotated Section 30-2-9. Family
Expenses Joint and Several Liability, the
following terms apply to debts incurred during a
marriage.
3(1)The expenses of the family and the education
of the children are chargeable upon the property
of both spouses or of either of them separately,
for which expenses they may be sued jointly or
separately.
4(2) For the expenses described in Subsection (i),
where there is a written agreement signed by
either spouse that allows for the recovery of
agreed upon amounts, a creditor or an assignee or
successor in interest of the creditor is entitled
to recover the contractually allowed amounts
against both spouses, jointly and severally.
5(3) Subsection (ii) applies to all contracts and
agreements under this section entered into by
either spouse during the time the parties are
married and living together.
6(4) For the purposes of this section, family
expenses are considered expenses incurred that
benefit and promote the family unit. Items
purchased pursuant to a written contract or
agreement during the marriage that do not relate
to family expenses are not covered by this
section.
7- In simple terms, not knowing that your spouse
incurred debts is no defense, and you will
continue to be liable for 50, as long as - The debts can be proven to have been incurred for
the purpose of benefiting the family - The debt arose when you and your spouse lived
together as a married couple - However, there are some aspects of the wording of
that law that could be used to prove you are not,
after all, liable for half of the debt.
8Emy A Cordano, Attorney At Law
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