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RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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Is my wife responsible legally for my debt even though she

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Is my wife responsible legally for my debt even though she did not sign agreement?Can joint bank accounts(spousal)be levied when only one is legally respsible?

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

She would not be personally liable for your debts. What that means is that property in her sole control and ownership could not be attached / garnished / levied / etc... for the repayment of your debts.

RGMacEsq :

That being said, marital property (property that is acquired during the marriage) is owned jointly, undivided, between you.

RGMacEsq :

So while a private, separate bank account with her own assets in it could not be touched to pay your debts, a joint bank account, since you own it equally with her, could be attached, garnished, levied, etc...

RGMacEsq :

The best thing to do (if there is not any creditor making any claims now) would be to separate accounts, etc... and give her one that is under her sole control, as well as a written and signed statement that the monies in that account are hers and hers alone.

RGMacEsq :

That should be enough to overcome the presumption of marital property and make those monies exempt from creditor garnishment / levy.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

RGMacEsq and 6 other Consumer Protection Law Specialists are ready to help you
Customer: replied 3 years ago.

Can social security benfits on direct deposit be seized

No (unless they're debts for alimony, child support, or Federal student loan repayment). Otherwise, Social Security is exempt from garnishment pursuant to Federal law.