Legal Question in Civil Litigation in North Carolina

me and my wife were separated a few months when my wife got sick and went to the hospital. The bill was $1365. later on we got divorced. 3 yrs later i was trying to get credit and they told me i had a judgement against me. I got a copy of the bill and it was on my wife and my name wasn't on the bill at all. How can i get the judgement off me because that isn't my bill. I didn't know anything about her 2 day stay in the hospital?

Asked on 3/14/12, 9:06 pm

1 Answer from Attorneys

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Sorry but it does not matter if you knew nothing about yuor ex-wife's hospital stay. The rule in NC is that a husband and wife are each liable for necessaries for the other, including medical bills. The only exception is where you and your ex-wife had a valid separation agreement. See the Forsyth v. Chisholm, 342 N.C. 616,, 467 S.E.2d 88 (1996) - here is the link: http://www.aoc.state.nc.us/www/public/sc/slip/slip96/060pa95.html

This should have been handled in your divorce proceedings. If it was, then you would be able to go after your wife for non-payment. But as between you and the hospital, the hospital can sue both of you and recover from either of you. If you want to clear your credit, you will need to resolve this with the hospital and then go after your ex-wife for reimbursement unless you can persuade your ex-wife to pay this on her own.

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3/15/12, 4:17 pm

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