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Is my spouse protected from a judgement against me and her…

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Is my spouse protected from...
Is my spouse protected from a judgement against me and her for a business loan
Submitted: 2 years ago.Category: Bankruptcy Law
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Answered in 9 minutes by:
6/26/2015
Bankruptcy Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Bankruptcy Law
Satisfied Customers: 103,582
Experience: Licensed attorney in private practice.
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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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Ely, Counselor at Law
Category: Bankruptcy Law
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