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.
Structure Montana Code Annotated
Part 1. Joint Interests, Obligations, and Powers
40-2-101. Mutual obligations of husband and wife
40-2-102. Duties of husband and wife as to support
40-2-104. Liability of married person when abandoned by spouse
40-2-105. Husband and wife as joint tenants
40-2-106. Liability for acts or debts of spouse
40-2-108. Married person as personal representative, guardian, conservator, or trustee
40-2-109. Right of person to sue spouse for intentional tort