(1) As used in this section:
- (a) "Family expenses" means expenses incurred that benefit and promote the family unit.
- (b) "Family expenses" do not include items purchased in accordance with a written contract or agreement during the marriage that do not relate to the expenses described in Subsection (1)(a).
(2)
- (a) A married individual, and the married individual's property, is chargeable for family expenses and expenses for the education of a minor child.
- (b) A married individual may be sued separately or jointly with the individual's spouse for the expenses described in Subsection (2)(a).
- (3) For the expenses described in Subsection (2), where there is a written agreement signed by a spouse that allows for the recovery of agreed upon amounts, a creditor or an assignee or successor in interest of the creditor is entitled to recover the contractually allowed amounts against both spouses, jointly and severally.
- (4) Subsection (3) applies to all contracts and agreements under this section entered into by a spouse during the time the parties are married and living together.
(5) The provisions of Subsections (3) and (4) do not create a right to attorney's fees or collection fees as to the nonsigning spouse for purchases of:
- (a) food or clothing; or
- (b) home improvements or repairs over $5,000.
Renumbered and Amended by Chapter 366, 2024 General Session