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Can I file a Writ of Execution on marital property in Virginia for a civil suit judgment?
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If a husband is sued for a auto accident and a judgment is entered solely against him can his wife's wages be garnished for his judgment?
No. Even if the couple reside in a community property state, the wife would be able to use the innocent spouse defense to prevent the judgment from being executed against her as income garnishment. However, all other marital property, including bank accounts, other non exempt assets and jointly held real property would be subject to the execution of the judgment. The exception would be any marital property held as Tenancy By The Entirety according to the laws of the state in which the couple reside.
Is a house considered joint marital property in West Virginia if only the husband's name is on the deed?
West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.
When a judgment is executed is it an 'automatic' lien on the debtor's property?
A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.
Is your 401K your property or joint property in divorce in Minnesota?
Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.
Can you leave your share in ownership of community property to your adult children by Will in New Hampshire?
Community property is marital property. It cannot be devised by Will. However, New Hampshire is not a community property state.Community property is marital property. It cannot be devised by Will. However, New Hampshire is not a community property state.Community property is marital property. It cannot be devised by Will. However, New Hampshire is not a community property state.Community property is marital property. It cannot be devised by Will. However, New Hampshire is not a community property state.
Can judgment be inherited from spouse if occurred before marriage?
The new spouse would not be directly responsible for the debt owed but, he or she could be affected by the execution of the judgment writ, as it is usually possible for joint marital property to be attached under such circumstances. For example, a joint marital bank account could be subject to levy by a judgment creditor unless the account is protected by Tenancy By The Entirety laws.
What is a marital dissolution agreement?
A marital Settlement Agreement is a written contract between parties to a divorce case as to how property and debts will be divided, what child and spousal support will be ordered by the court, if applicable, what custody orders will be made, and who will pay the attorney's fees. it is then either made an exhibit to the judgment entered in the divorce case, or its terms recited in the judgment.
Is a car in nc considered community property?
No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.
Are cars marital property in Delaware?
It is if you share the title of the car if it has both names on it yes it is marital property and the title only has your name no its not
In Missouri can a credit card company freeze your bank account for unsecured debt that is not paid?
Yes, if the creditor sues the debtor and wins a judgment, the judgment can be enforced as a bank account levy. Unsecured debt simply indicates that there is no specific property attached to the debt, it does not mean that a creditor cannot use a judgment to seize any non exempted property belonging to the judgment debtor. In some states including Missouri, joint marital bank accounts (unless otherwise stated), are considered to be held as Tenancy By The Entirety. This means that a joint marital TBE account cannot be levied when only one spouse is the named as the judgment debtor.
Are you responsible for a spouse's debt before marriage?
No. However, if a creditor sues the debtor and wins a judgment, in most cases the judgment can be executed against joint marital property, such as bank accounts. Therefore, a new spouse can be affected by the premarital debts of their partner.
When you are in an auto accident can your spouse be sued also and all properties attached?
Yes. If the couple live in a community property state both might be subject to legal action. All property held by a marital couple in a community property state would be subject to judgment attachment. In other states what action could be taken against joint marital property and/or assets would depend upon how the property is titled and the laws of the resident state or the state where the accident occurred.
