§8.06 Separate Property Payment for Necessaries

A married person and his or her separate property are liable for [FC §914(a)]:

• A debt incurred for the necessaries of life for his or her spouse while they are living together; and
• A debt incurred for common necessaries of life for his or her spouse while they are living separately unless the spouse is living separate by agreement [see FC §4302].

If separate property is applied to satisfy such a debt when nonexempt property in the community estate or separate property of the person's spouse is available but is not applied, the married person is entitled to reimbursement to the extent such property was available. [FC §914(b).]