If I am sued over a credit card debt in my name only, can they go after assets in my husband's name only?

Question

For example our house, car and bank account if they are only in his name and not mine.

James Dunn · Answer

NO.

Leonard Schwartz · Answer

In New Jersey they can only go after assets belonging to the debtor. They cannot attach property of your husband.

Gary Russell · Answer

No.  A third party cannot be liable for your debts unless the are either co-signers to the debt, or have agreed, in writing, to assume liability.

Roberta Ohlinger-Johnson · Answer

Depends.  The analysis is really whether these are marital assets for a marital debt.  The answers to both of those must be proven by the facts under the law of your jurisdiction.  In Nevada the presumption is that any debts and property incurred during the marriage are presumed to belong to the community, which is rebuttable by clear and convincing evidence. Property and debt incurred prior to a marriage are separate marriage, unless later "transformed" by the magic of gifts to the community.  So if you want a straight answer based on Nevada Law: they can try.  I have no idea if they will, or if it would be successful.

Brett Alexander Pedersen · Answer

Once a judgment is obtained, a spouses bank account may be levied upon to collect.

Scott Behren · Answer

They would have to get a judgment against you and go after your assets.

Jeffrey Dworin · Answer

NO.  They cannot levy assets in your husband's sole name and, to a large extent, are prohibited from levying assets held jointly by husband and wife (depending on the nature of the asset).  This does not mean that you can transfer assets to your husband to avoid a judgment creditor.  This is a fraudulent transfer and subjects the transferee to legal action.

James Weiner · Answer

Generally no your creditors cannot go after assets only in your husbands name..  However, if you have control over an account, such as signing authority on a checks, they may be able to claim 50% of the money in the account is yours.  Interestingly enough if your house was in both your names as husband and wife.. they could not go after that either .. (the only way to get to the house if it is in both your names is if the debt is owed by both of you)  Everything other than real property in both your names they can presumably go after 50%

Timothy Byrne · Answer

Genreally no. However, if you have co-mingled your assets with your husbands then yes.

Diane Drain · Answer

It depends on the state where you live.  In Arizona that answer is "maybe".  There are a lot of other questions that need to be answered before your original question can be addressed.

John Brennan · Answer

Normally, your individual debts are not collectable from your husband's individual assets.  See an attorney.

Dennis P. Mikko · Answer

Assets in your husband's name alone cannot be attached by your creditor.

Stuart Nachbar · Answer

If the card is solely in your name, and those other assets are solely in his name, then they should be safe.

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If I am sued over a credit card debt in my name only, can they go after assets in my husband's name only?

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