The separate and mutual rights and liabilities of a husband and a wife are as follows:

Terms Used In North Dakota Code 14-07-08

  • children: includes children by birth and by adoption. See North Dakota Code 1-01-18
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49

1.    Neither the husband nor the wife as such is answerable for the acts of the other.

2.    Except for necessary expenses as provided in subsection 3, the earnings of one spouse are not liable for the debts of the other spouse, and the earnings and accumulations of either spouse and of any minor children living with either spouse or in one spouse’s custody, while the husband and wife are living separate from each other, are the separate property of each spouse.

3.    Except for abandonment as provided in section 14-07-11, the husband and wife are liable jointly and severally for any debts contracted by either for necessary household supplies of food, clothing, and fuel, medical care, and for shelter for themselves and family, and for the education of their minor children.

4.    The separate property of the husband or wife is not liable for the debts of the other spouse but each is liable for their own debts contracted before or after marriage.