Section 12 Spouses as Contracting Parties

• Library: Consumer Law and Practice 2010

What happens when only one spouse hires a remodeling contractor to perform work on the family home? Will the noncontracting spouse be jointly liable under the contract? When one spouse contracts for home repairs, the noncontracting spouse may be obligated if the noncontracting spouse joins in filing a counterclaim against the contractor. In Classic Kitchens & Interiors v. Johnson, 110 S.W.3d 412 (Mo. App. S.D. 2003), Mrs. Johnson hired Classic Kitchens & Interiors to install kitchen cabinets. Mrs. Johnson was dissatisfied with the finished work. Her husband, after the completion of the installation, met with the plaintiff to discuss minor corrections to the installation. Classic Kitchens performed the requested minor touch-ups to the cabinets, but Mrs. Johnson was not...