40-2-106. Liability for acts or debts of spouse. (1) A husband or wife, solely on the basis of being a spouse, is not answerable for the acts of the other spouse or liable for the debts contracted by the other spouse, except that the expenses for necessities of the family and of the education of the spouses' children are chargeable upon the property of both the husband and wife, or either of them, and in relation to those expenses, the husband and wife may be sued jointly or separately.
(2) The period prescribed for commencing an action to recover expenses described in subsection (1) incurred by either spouse is governed by the provisions of 27-2-202.
History: En. Sec. 218, Civ. C. 1895; re-en. Sec. 3698, Rev. C. 1907; amd. Sec. 1, Ch. 129, L. 1915; re-en. Sec. 5790, R.C.M. 1921; re-en. Sec. 5790, R.C.M. 1935; R.C.M. 1947, 36-109; amd. Sec. 1, Ch. 327, L. 2009.