BILL REQ. #:  S-2140.1 

Read first time 03/14/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to the liability of a spouse for the acts of the other spouse; and amending RCW 26.16.190.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 26.16.190 and 1972 ex.s. c 108 s 6 are each amended to read as follows:
     (1) For all injuries committed by a married person, there shall be no recovery against the separate property of the other spouse except in cases where there would be joint responsibility if the marriage did not exist.
     (2) Debt incurred during a marriage by one spouse without the knowledge or consent of the other spouse when no community benefit is realized shall not be considered a community debt. The burden of proof shall be upon the spouse asserting lack of knowledge and benefit. The presumption of community liability may be rebutted by a preponderance of the evidence. For the purposes of this section, a debt is any obligation arising out of an express or implied contract.