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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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A debt question - can my bank accounts be garnished from a

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A debt question - can my bank accounts be garnished from a court summons against my husband for a credit card debt? It's in his name only.My bank accounts do not have his name on them. Live in Colordao.
Submitted: 7 years ago.
Category: Legal
Expert:  TJ, Esq. replied 7 years ago.

Hello and thank you for allowing me the opportunity to assist you.

The general rule is that a spouse is not liable for the separate debts of the other spouse. Therefore, if your husband’s debts are his alone, then you are not liable. If you are not liable, then your separate property (i.e. property that your husband does not co-own) cannot be used to pay such debts. Based on the facts that you shared, it sounds like the funds in the bank accounts that have your name alone will likely be considered your separate funds that cannot be used to pay your husband’s debts. However, I’ll point out that the result may be different if it is apparent that your husband is funding those accounts himself with his own separate or marital property. In other words, I doubt a judge would let you get away with sheltering your husband’s funds in an effort to prevent such funds from being used to pay your husband’s creditors.

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