QUESTION
my wife owns a car and house fully paid worth 200k can they sue her for my debts
Asked on Apr 27th, 2015 on Civil Litigation - Iowa
More details to this question:
2008 I foreclosed a condo was solely on my name then filed chap 7 to clear debts also condo dues but now the association dues piled up and they got a judgment against me of 20k will I don't have a job or any asset but my wife does will they come after her even she didn't signed any contract at the time of purchase
1 ANSWER
First of all, anyone can sue anyone for anything and it is possible that the association will sue your wife just to put pressure on the two of you, even if it doesn't think it has a great chance to win.
In NY (and I assume that Iowa law is similar), spouses are not generally responsible for their spouses individual debts, but there is an exception for what are known as "necessaries." Thus, your wife would not be responsible to pay if you breach a contract to buy concert tickets, but would be responsible to pay if you breach a contract to pay for emergency lifesaving surgery. Condo dues, akin to rent, are a close call, and may depend on whether this was your residence (shelter can be considered a "necessary") or just vacant investment property.
Answered on Apr 28th, 2015 at 8:16 AM