Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

I am married, these cards are in my name only, husband is not

an authorized user, and my...
I am married, these cards are in my name only, husband is not an authorized user, and my accounts do not show up on his credit. We have a home and the mortgage is in my husbands name, I am on the deed and am considering removing myself to protect our home from liens in regards XXXXX XXXXX I have no income, cannot work, but our checking account at the bank is in both of our names. I want to know if they can garnish my checking account, when the only money in there is my husbands pay check, which pays for our house, his child support, and living expenses. And I have no assets such as cars, etc..., in my name.
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 3 hours by:
9/3/2008
TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12,558
Experience: JD, MBA
Verified

Hello and thank you for allowing me to address your legal question.

California is a community property state. Community property is defined as the following:

760. Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.

This affects the liabilities of a spouse to the extent that, generally speaking, community property can be used to satisfy the debts of just one of the spouses:

910. (a) Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.

Unfortunately, your husband’s income is community property per the definition in 760, and it is liable for your debts per 910 unless you incurred the debt prior to your marriage, in which case the following applies:

911. (a) The earnings of a married person during marriage are not liable for a debt incurred by the person's spouse before marriage. After the earnings of the married person are paid, they remain not liable so long as they are held in a deposit account in which the person’s spouse has no right of withdrawal and are uncommingled with other property in the community estate, except property insignificant in amount.

If your debts were incurred prior to marriage, then your husband should open an account that you do not have access to, and have his income deposited there.

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. Thank you and good luck!

DISCLAIMER: Please understand that the complexities of most legal problems cannot be sufficiently addressed in this setting. Accordingly, my post is intended as general information only, and should neither be construed as specific legal advice, nor as an adequate substitute for the retention of legal counsel.

Ask Your Own Bankruptcy Law Question
Customer reply replied 9 years ago
Thank you - this is very helpful. I'm actually doing this for a tv segment I'll be hosting on this topic.

What if the person is not in a CP state?

Also, do you have a URL you'd like me to promote during the tv segment?

Alexis
What if the person is not in a CP state?

In most states the spouse would not be liable for the separate debts of the other. In those states, a spouse's debt can only be satisfied from his/her separate property, or from his/her share of jointly held property. In some states (North Carolina, for example), property that is held by both spouses as a "tenancy by the entirety" cannot be used at all to satisfy the debts of just one spouse.

Also, do you have a URL you'd like me to promote during the tv segment?


Thanks, XXXXX XXXXX

Please remember to accept my post. Thank you.
TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12,558
Experience: JD, MBA
Verified
TJ, Esq. and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12,558
12,558 Satisfied Customers
Experience: JD, MBA

TJ, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
If I have a judgment or file for BK and I have assests in
If I have a judgment or file for BK and I have assests in different states - would the part of assess in each state be treated according to the laws of this state regardless of where I reside? Can jud… read more
TJ, Esq.
TJ, Esq.
Attorney
12,558 satisfied customers
We are retired military ,need advice on whether to file
We are retired military ,need advice on whether to file bankcruptsy … read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
The Ch 11 Debtor is an individual whose assets include
The Ch 11 Debtor is an individual whose assets include ownership of shares in two closely held companies. The Debtor has produced financial statements which demonstrate the value of his equity interes… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in va. My husband has a significant medical debt he
I live in va. My husband has a significant medical debt he incurred when uninsured. It was an emergency surgery. He is thinking of filing personal bankruptcy. He has no assets other than his car which… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
How do I find out if I qualify for chapter 7 BK Assets 2000
How do I find out if I qualify for chapter 7 BK Assets 2000 Med Bill Debt 22k Tax Debt 12K ( over 3 years old I have been making payments) Card Debt 9K Collections 7K Income SSec 1611 per month… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
Assume a judgment debtor has an asset worth $10,000. The
Assume a judgment debtor has an asset worth $10,000. The judgment creditor has represented to the judgment debtor that he isn't going to pursue the judgment. The debtor then sells the asset for its fu… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,869 satisfied customers
Will or no will. If your debt to asset ratio is a lot ( I'm
will or no will . If your debt to asset ratio is a lot ( I'm filing Bankrupcy) is it best to not have a will and let the probate deal with it . Rather than having my family deal with the mess . … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
TY I gave my wife all my assets 5 years ago can my crediors
TY I gave my wife all my assets 5 years ago can my crediors go after her assets … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
DEAR EXPERT, AN ACTIVE CHAPTER 11 BK WHOSE ASSETS ARE TWO
DEAR EXPERT, I AM IN AN ACTIVE CHAPTER 11 BK WHOSE ASSETS ARE TWO SFR. I HAVE HAD ISSUES WITH THE LAWYER THAT REPRESENTS IN THIS CASE. HE HAS FAILED TO ME FILE ON TIME, FILE REORGANIZATION PLANS ETC. … read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
How do I list tax returns on my list of assets if I'm unsure
How do I list tax returns on my list of assets if I'm unsure of the amount my refund will be?… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
In ch13, $200,000 to pay off CH 13, assets of property,
In ch13, $200,000 to pay off CH 13, assets of property, behind in mortgages $30,000 six properties due to unemployment. Will be employed by end of March 2017. Need strategy plan to get out of CH 13. M… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
If a judgement creditor executes on the assets of a
If a judgement creditor executes on the assets of a judgement debtor and conducts a sheriff's sale wherein the judgement creditor bids less than reasonably equivalent value for the assets, why is that… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
I have a business whose primary asset is our software. The
I have a business whose primary asset is our software. The market has changed and we're no longer profitable, but deeply in debt. With much trouble, I found a buyer for the business software, but with… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I own a C-Corp in Illinois. The "assets" are 2 taxi
Hi,I own a C-Corp in Illinois. The "assets " are 2 taxi Medallions,valued at 120,000 combined and 1 car ,valued at $5000.But my medallions loan is $500,000,so Im totally "underwater".(the Medallions v… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
In Utah, if a debtor transfers (sells) an asset for
In Utah, if a debtor transfers (sells) an asset for reasonably equivalent value (as much or more than the asset is worth) to another party, is the transaction still voidable if it is deemed the debtor… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
After a judgment creditor has executed on an asset, how do
After a judgment creditor has executed on an asset, how long do they have before they are required to sell the asset at auction? Can they just keep the asset and not sell it at auction? Is an auction … read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
I filed Chapter 7 no asset bankruptcy in March 2014 and it
I filed Chapter 7 no asset bankruptcy in March 2014 and it was discharged in JUne 2014. Can I file bankruptcy again now?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,869 satisfied customers
If i file for bankruptcy and have no assets other than my
if i file for bankruptcy and have no assets other than my retirement and my car, will anything be taken from me? and how will it impact my credit? i've been told only a few months and also years.… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x