Have Legal Questions? Ask a Lawyer Now.
Good evening! I can help you out with your legal question tonight. No, they cannot take anything your husband owns since Utah is a separate property state. They could see your name on a bank account and seize it, but then you could attend the hearing and show the money isn't yours etc.
So they can come after things your husband owns (big ticket items, house, car, etc.) if they somehow believe you have an interest in the asset.
Sorry I'm somewhat confused. So they CAN seize big ticket items even if they aren't in my name or I no longer live in the house or own anything?
Creditor can always seize an item, but then they need to be able to back that seizure up at a hearing if contested. So if they do their research and find out you bought the house when you were married, but only his name is XXXXX XXXXX then yes, they could lien the house and justify it since you have a 50% ownership interest in the house, despite your name not being on it. Does that make sense?
Ok. The house was purchased by him before the marriage. He did purchase a car while we were married but it is his in his name and he is worried they can seize it or his furniture since I was living in the house previously.
No, the furniture won't be seized unless he is still paying on it. Is it all paid off?
Yes, he paid his car and furniture off.
Then he does not have anything to worry about. Household items are exempt from creditors up to a certain dollar amount.
That is why creditors usually only go after big-ticket items and then wages, bank accounts, etc.
You are very welcome! Good luck and have a good night. Please leave me feedback before you go.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).