Good afternoon. I'll be assisting you with your question.
If the parties are divorced, the assets of one spouse cannot be taken to satisfiy the debts of the other.
As for seizing your separate property to pay the nursing home debt, that is a much more complicated issue.
One spouse has a duty to provide for the other spouse's essential needs, which includes food, shelter, etc.
Also, the wording of the contract with the nursing home is significant. If you jointly took the debt, then your separate property is subject to forfeiture.
So, if a judge were to find that this is a joint debt, your assets are at risk.
The state does matter, but my answers are Florida specific. That said, most states follow similar rules.
Let me do a little research on a few matters. It should take about an hour or so and I will get back with you. Is that OK?
You don't need to pay until the answer is complete
Is this property real estate?
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