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I live in Philadelphia, PA. I recently received a settlement…

I live in Philadelphia...

I live in Philadelphia, PA. I recently received a settlement for a traumatic brain injury. A judgement was issued against my husband. Do I have to worry about how his judgement will affect my settlement

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

PA

Lawyer's Assistant: Has anything been filed or reported?

Yes, the judgement

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Answered in 8 minutes by:
3/8/2018
RobertJDFL
RobertJDFL, Attorney
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Good afternoon,

Your settlement is safe. It cannot be touched. Anything in your name alone cannot be touched (and technically in Pennsylvania it's still marital property, and still could not be touched because the judgment is not against both of you). Anything in joint names also cannot be touched because Pennsylvania follows a principle known as "tenancy by the entirities." The practical consequence of a tenancy by the entireties is that the debts and judgments against one spouse cannot affect property held by the entireties. To the extent that all of a judgment debtor’s property of value is held with the judgment debtor’s spouse, it is shielded from execution. In other words, even if you put the money into a joint bank account, because the judgment is only against your spouse, they cannot take your money.

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