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Ely
Ely, Counselor at Law
Category: Bankruptcy Law
Satisfied Customers: 100991
Experience:  Licensed attorney in private practice.
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Is my spouse protected from a judgement against me and her

Customer Question

Is my spouse protected from a judgement against me and her for a business loan
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this. The answer is both yes and no.
YES, in that just because the parties are married does not mean that the other party will be responsible for that judgment (there are some exceptions when it comes to medical bills and other necessities).
However, while she is not personally liable, any bank account or titled property that is in your name but also happens to have HER name on it is liable to be attached for satisfaction of judgment, and liened if titled property or levies if a bank account.
As such, while the judgment is valid, it may be a good idea to keep separate accounts and keep one's name off any titled property. NOTE that there is a lookback period so taking one's name off now off joint property may prove useless if the attorney is smart enough to look back.
NOTE that some assets are exempt from judgment - they are here.
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