Minnesota Statutes

Minn. Stat. § 519.05 (2026)

Liability Of Spouses

✓ current as of May 2026

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(a) A spouse is not liable to a creditor for any debts of the other spouse. Notwithstanding this paragraph, in a proceeding under chapter 518 the court may apportion such debt between the spouses.

(b) Either spouse may close a credit card account or other unsecured consumer line of credit on which both spouses are contractually liable, by giving written notice to the creditor.

Notes of Decisions

Cited in 11 cases, 1967–2014 · leading case: Antone v. Mirviss, 720 N.W.2d 331 (Minn. 2006).

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Antone v. Mirviss, 720 N.W.2d 331 (Minn. 2006). · cites it 4× “02 (2004); and (4) became jointly and severally liable for certain household and family medical expenses, see Minn.Stat. § 519.05(a) (2004). Mirviss cites no authority to support the argument that the act of marriage can constitute damage.”

In re the Est. of Perrin, 796 N.W.2d 175 (Minn. Ct. App. 2011). · cites it 23× “The legislature has since amended Minn. Stat. § 519.05 (a) to specifically include claims arising under section 256B.”

Egge v. Healthspan Servs. Co., 115 F. Supp. 2d 1126 (D. Minnesota 2000). · cites it 11× “05 of Minnesota Statues stated that “a spouse is not liable to a creditor for any debts of the other spouse, except for necessaries furnished to the other after marriage, where the spouse would be liable at common law.”

In Re Sigfrid, 161 B.R. 220 (Bankr. D. Minn. 1993). · cites it 4× “Finally, Debtor argues that she is an eligible chapter 13 debtor since Chris is jointly hable for the debt to Norwest pursuant to Minn.Stat. § 519.05. 2 It is arguable whether the Ford Probe is a “necessary household article” and is an issue I choose not to decide, for if Chris…”

Busch v. Busch Constr., Inc., 262 N.W.2d 377 (Minn. 1977). “The constitutionality of this statute was not raised, thus we decline to rule on the issue; however, we believe the legislature should consider the repeal or modification of § 519.05. It is a vestige of an earlier era when the husband was the sole income producer in the family,…”

In re the Marriage of: Sharon Marie Sanvik, Below, Becky Toevs Rooney v. Charles W. Sanvik, 850 N.W.2d 732 (Minn. Ct. App. 2014). · cites it 2× “Minn.Stat. § 519.05(a) (2012). The 1955 amendment reflects a legislative judgment that an attorney should be afforded an effective means to collect fees from an opposing spouse upon dismissal of a divorce action.”

In Re the Est. of Messerschmidt, 352 N.W.2d 774 (Minn. Ct. App. 1984). · cites it 2× “…where that claim was filed within the applicable time limitation. Affirmed in part and reversed in part. 1 . See Minn.Stat. § 519.05.”

In Re the Revocable Trust of Margolis, 731 N.W.2d 539 (Minn. Ct. App. 2007). · cites it 2× “Appellant argues that by using trust funds to pay for Naomi’s medical care, respondent unlawfully discharged his legal-support obligations pursuant to the nursing-home contract he signed and as her husband pursuant to Minn.Stat. § 519.05(a) (2006). By contract and by law,…”

Wilder Health Care Ctr. v. Elholm (In Re Elholm), 80 B.R. 964 (Bankr. D. Minn. 1987). “§ 519.05. The funds which his wife asserted as her sole property were fully available for the payment of these items, and such payment would not have reduced the family or any of its members to destitution.”

Boland v. Morrill, 148 N.W.2d 143 (Minn. 1967). · cites it 2× “03 provides in part: “Every married woman * * * may make any contract which she could make if unmarried, and shall be bound thereby * * 8 Section 519.05 provides in part: “* * * [N]or shall any married man be liable for any torts, debts, or contracts of his wife, committed or…”

Est. of Sullivan v. Comm'r, 66 T.C.M. 1329 (Tax Ct. 1993). “Here, Christine's needs and her other sources of income have been shown with sufficient clarity to permit a valuation of the terms set forth in the trust for purposes of the inclusion of a discrete amount in decedent's gross estate.”

— Minn. Stat. § 519.05(a) — 4 cases

Antone v. Mirviss, 720 N.W.2d 331 (Minn. 2006). “02 (2004); and (4) became jointly and severally liable for certain household and family medical expenses, see Minn.Stat. § 519.05(a) (2004). Mirviss cites no authority to support the argument that the act of marriage can constitute damage.”

In re the Est. of Perrin, 796 N.W.2d 175 (Minn. Ct. App. 2011). “The legislature has since amended Minn. Stat. § 519.05 (a) to specifically include claims arising under section 256B.”

In re the Marriage of: Sharon Marie Sanvik, Below, Becky Toevs Rooney v. Charles W. Sanvik, 850 N.W.2d 732 (Minn. Ct. App. 2014). “Minn.Stat. § 519.05(a) (2012). The 1955 amendment reflects a legislative judgment that an attorney should be afforded an effective means to collect fees from an opposing spouse upon dismissal of a divorce action.”

In Re the Revocable Trust of Margolis, 731 N.W.2d 539 (Minn. Ct. App. 2007). “Appellant argues that by using trust funds to pay for Naomi’s medical care, respondent unlawfully discharged his legal-support obligations pursuant to the nursing-home contract he signed and as her husband pursuant to Minn.Stat. § 519.05(a) (2006). By contract and by law,…”

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