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If a loan was aquired by one spouse (for a business,probably…

If a loan was aquired...
If a loan was aquired by one spouse (for a business,probably in his name), before the separation, who is responsible for repayment - husband, wife, or both? What if the debtor files bankruptcy (husband,person acquiring loan from me); is wife responsible, and/or can I place a lien against any or all properties? The loan was for $100,000.
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Answered in 22 minutes by:
6/28/2010
Teacher Editor
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Washington is a community property state, which means that any debt acquired by one spouse after the marriage is also the debt of the other spouse so you can go after either or both spouses for your loan in terms of suing them in court and getting a judgment to garnish their wages or putting liens on their property. However, if either of the spouses file for bankruptcy, you cannot touch their wages, sue them or attach to their property if they own the property alone. If only one spouse files for bankruptcy, you can still sue the spouse that did not file and attach to any property that is in the non-filing spouse's name (even if it's in the other spouse's name as well). If the loan is secured by something (like a car, house, etc.), you still have the right to the property even if the indivdual or indviduals file for bankruptcy.
Teacher Editor
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