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2012 SESSION

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CHAPTER 45 An Act to amend and reenact § 55-37 of the Code of Virginia, relating to doctrine of necessaries. [H 229] Approved March 1, 2012

 

Be it enacted by the General Assembly of Virginia:

1.  That § 55-37 of the Code of Virginia is amended and reenacted as follows:

§ 55-37. Spouse not responsible for other spouse's contracts, etc.; mutual liability for necessaries; responsibility of personal representative.

Except as otherwise provided in this section, a spouse shall not be responsible for the other spouse's contract or tort liability to a third party, whether such liability arose before or after the marriage. The doctrine of necessaries as it existed at common law shall apply equally to both spouses, except where they are permanently living separate and apart, but shall in no event create any liability between such spouses as to each other. No lien arising out of a judgment under this section shall attach to the judgment debtors' principal residence held by them as tenants by the entireties or that was held by them as tenants by the entireties prior to the death of either spouse where the tenancy terminated as a result of the death of either spouse.