dissenting.
I respectfully dissent.
According to IND.CODE § 31-1-11.5-2(b), the termination of a marriage and restoration of the parties to the state of unmarried persons occurs when a court enters a dissolution decree. Here, a dissolution petition had been filed, but a dissolution decree had not yet been entered; therefore, the parties were still married. As the majority notes, current Indiana law places primary liability for medical expenses on the spouse incurring the expenses and secondary liability on the property of the marital relationship. Aker v. Fort Wayne Urology Corp. (1990), Ind.*1375App., 562 N.E.2d 751, 752; Memorial Hospital v. Hahaj (1982), Ind.App., 430 N.E.2d 412, 416. Accordingly, when Bartrom's husband died and the jointly-held assets transferred to Bartrom, she became see-ondarily liable for the incurred medical debt of her deceased husband. See Aker at 752. Although such a result seems harsh in light of the facts of this case, the potential for abuse with the majority's holding is too great to ignore.
I would grant summary judgment in favor of Adjustment Bureau, Inc.