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Can a bank account held soley by the non debtor spouse be levied for the debtor spouses debts if the couple reside in a non community property state?
Wiki User
∙ 14y ago
If it can be proven that the debtor has funds going into the non debtors account then the amounts that are going into the non-debtors account that originally were funds belonging to the debtor can be levied.
Wiki User
∙ 14y ago
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Can a collection agency garnish a husband's wages for a debt only in the wife's name?
This would depend upon your state's law regarding common law and garnishment. You can search the internet for information about this question under your state's statutes. Only if the couple live in a community property state. In those states both spouses are equally responsible for debts, regardless of who holds the account.
If you and your spouse have separate credit card accounts are you liable for your spouse's balance if he defaults?
The extent of liability depends on whether the married couple reside in a community property state and if so, if the accounts were established during the marriage. Married couples residing in community property states, other than Wisconsin and Texas are usually equally responsible for debts regardless of which spouse is the account holder.
Is the suriving spouse responsible for her husband's credit card debt?
If the couple resided in a community property state at the time of the account holder's death the surviving spouse is responsible for repayment of the debt owed. If the couple did not reside in a CP state the debt will be included in probate procedure and handled according to the state's laws of distribution of an estate.
Civil procedure husband was sued in fruad case can wife account be touched?
In most cases yes, some states have lawsuit collection limitations with regard to the spouse but they are very lax. Just figure it as a divorce case all property and assets are community property of the couple therefore can be attached in any potential lawsuit.
Will you get a notice before your bank account is levied?
Probably not. The idea is to get to the account while you have money in it. If they give you notice you'll just transfer the money out. * Most banks will notify the account holder(s) after the action. On joint accounts where only on holder is the judgment debtor, the account is generally frozen, and the non debtor account holder must submit proof to the court of the amount of funds belonging to them. The exception is a married couple residing in a community property state. When the order has been served, the account cannot be transferred, closed or in any way altered until a decision is made by the court.
After your mortgage was bought by another bank are they able to add your spouse as co-borrower without permission?
No. However, if the married couple reside in a community property state it does not matter if one or both spouses are named on a loan contract. In community property states all debts that are incurred in the marriage are equally owed by both spouses regardless of which one is the named debtor.
If two individuals living in NY marry and then move to California which is a community property state can creditors go after the spouses for the amounts owed once in California?
Yes, If the debts were incurred outside a community property state during marriage, the collection can be enforced. All it takes is the signature of one of the spouses to 'bind the community'. Where the marriage occurred is not relevant, all states recognize legal marriages performed in other states. However, if the debt(s) belong to only one of the couple before the marriage then the community property laws would apply only to debts and/or property incurred in CA. There could be grounds for appeal regarding the enforcement of community property laws under these conditions.
What is considered community property?
Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. The main areas of separate property are those items acquired before marriage, items received as a gift through a will or by inheritance, and those properties purchased with separate property funds.
Is Georgia a community property state?
Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. There are some defined areas that do not fall under community property: separate property acquired before marriage or during marriage using separate property funds, items acquired as a gift, in a will, or as inheritance, and the rents and profits received from separate property.
When a couple are not married and one owns a home does this home become community property?
That will depend on the laws in that jurisdiction. Some have rights in property regardless of whether it is community property or not.
What does community property state mean in a divorce?
Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. Divorce proceedings in community property states (especially when a lot of assets are involved or when there has been a separation as well) can be very complicated. The divorce is the same as it would be otherwise with the general community property presumption and the party claiming an item is not community property bears the burden.
Can a bank account held solely by the non debtor spouse be garnished for the debtor spouse's debts if the couple reside in a community property state?
In all likelihood it would be possible. In community property states a married couple own all property obtained during the marriage equally (with the exception of inheritances). Likewise, they owe all debts incurred during the marriage equally regardless of which spouse is the account holder. In most cases that would allow a creditor to levy a bank account that is held solely by the non debtor spouse. Texas and Wisconsin are not "true" community property states as they treat marital debt in a different manner than do all other CP states.
Who is responsible for a leased vehicle when the person dies if there was no cosigner but there is a surviving spouse?
If the married couple lived in a community property state at the time of the spouse's death, the surviving spouse may be responsible for the lease debt even if she was not an account holder. If the couple did not live in a community property state the creditor will be required to file a claim against the estate of the deceased to try to recover the debt.
Can a collection agency garnish a husband's wages for a debt only in the wife's name?
This would depend upon your state's law regarding common law and garnishment. You can search the internet for information about this question under your state's statutes. Only if the couple live in a community property state. In those states both spouses are equally responsible for debts, regardless of who holds the account.
What if a couple that lived together for two weeks considered community property?
I am not really sure what your question is but generally speaking, community property is not in every state so begin by checking to see if you live in a community property state. Community property is the presumption that all things that were not separate property before the marriage or maintained that characteristic will be shared by the couple 50/50. The economic community begins when you get married and end on death or divorce. There are ways to keep your property separate but monies earned and property acquired during the course of the marriage will be presumed to be community property unless otherwise distinguished.
Is a wife's money protected from a husband's creditors?
A wife's (spouse's) money is only protected from the husband's (other spouse's) creditors if any of the following are true: * The couple lives in a non-community property state and the loan/credit account is only in the husband's name * The couple lives in a community property state, the loan/credit account is only in the husband's name, the loan existed before the marriage and has provably not been used in any way to benefit the wife
Is a husbands money protected from a wifes creditors?
A wife's (spouse's) money is only protected from the husband's (other spouse's) creditors if any of the following are true: * The couple lives in a non-community property state and the loan/credit account is only in the husband's name * The couple lives in a community property state, the loan/credit account is only in the husband's name, the loan existed before the marriage and has provably not been used in any way to benefit the wife
