Parton

Following the separation of husband and wife, husband was hospitalized and incurred substantial hospital and medical fees. Thereafter wife filed a petition for dissolution of marriage, which was granted. The judgment of dissolution did not assign to wife any liability for husband’s hospital and medical costs.

Although under Family Code section 914 wife was liable for the costs incurred by husband for “necessaries,” including hospital and medical fees, that liability was subject to the provisions of section 916. Under section 916, following dissolution of a marriage a nondebtor spouse is only liable for debts incurred by the former spouse during their marriage if the debt is assigned to the nondebtor spouse by the judgment of dissolution. Accordingly, the trial court erred in entering judgment against wife for the hospital and medical fees the former husband incurred following their separation and in dismissing wife’s cross-complaint against the assignee of the hospital’s fee claim. Thus, we reverse the trial court’s judgment and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

On February 16, 2006, Pamela D. Parton (Pamela) called police to the home…