In all likelihood it would be possible. In community property states a married couple own all property obtained during the marriage equally (with the exception of inheritances). Likewise, they owe all debts incurred during the marriage equally regardless of which spouse is the account holder. In most cases that would allow a creditor to levy a bank account that is held solely by the non debtor spouse. Texas and Wisconsin are not "true" community property states as they treat marital debt in a different manner than do all other CP states.
Yes. Texas is a community property state, and all income earned by both spouses is property of the community. Because of this, technically your wages are also his wages and the IRS can go after them.
Separate property can become community property through commingling, transmutation, or a legal agreement between spouses stating an intent to convert separate property to community property. Commingling occurs when separate property is mixed with community property, making it difficult to distinguish which portion is separate and which is community. Transmutation refers to the intentional change in character of property from separate to community through actions or behavior of the spouses.
That's complicated enough, and the consequences of getting it wrong are severe enough, that you really should consult an attorney.
There are nine community property states - Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In addition, Puerto Rico is a community property jurisdiction. These states generally regard as community property all property that has been acquired during the marriage, other than a gift or inheritance. Even if one spouse earns all the money to acquire the property, all the property acquired is considered to be community property. While there are a number of differences in each state, all states have special laws that operate on the theory that both spouses contribute equally to the marriage; thus all property acquired during the marriage is the result of the combined efforts of both spouses. In community property jurisdictions, spouses equally own all community property (fifty percent owned by the husband and fifty percent owned by the wife).
Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.
COMMUNITY PROPERTY STATES • Arizona • California • Idaho • Louisiana • Nevada • New Mexico • Texas • Washington • Wisconsin Alaska is an opt-in community property state; property is separate property unless both parties agree to make it community property through a community property agreement or a community property trust.
The default marital regime in Mexico is partial community of property. When no prenuptial agreement exists, partial community of property applies at the time of divorce or death of one of the spouses.
If it can be proven that the debtor has funds going into the non debtors account then the amounts that are going into the non-debtors account that originally were funds belonging to the debtor can be levied.
Inherited property, if kept separate, does not generally become community property. However, community property laws differ so you should consult with the attorney who is handling the estate for advice if the state where the estate is being probated is also your home state.
Spouses share ownership of property, if it belongs to your spouse it belongs to you and therefore may be subject to any debt recovery measures used agaisnt you.
Michigan is not a community property state, it is an equitable distribution state. Marital property and assets are divided in a manner that will allow both parties to have as equal a share as possible, but not necessarily a 50-50 division.
In non-community property states, creditors can only go after the person(s) who signed on the account to be responsible. So, normally creditors may NOT go after ex-spouses (or even current spouses) for debts which belong exclusively to the other spouse. However, this may not be true in community property states (I don't know a whole lot about community property state law). Fortunately, there aren't very many community property states. The community property states/territories are: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, and Wisconsin. However, even in non-community property states, there may be ways around the general rule that creditors cannot pursue spouses. For example, many states have fraudulent conveyance statutes, that say that if a person who owes money conveys property to another person for the purpose of protecting that property from creditors, the creditor may still be able to go after the property, and potentially even the person who received the property, for collection purposes. So, while creditors in non-community property states cannot pursue an ex-spouse, they may have some recourse if the person who is liable on the account transferred real estate or other property to the ex-spouse for the purpose of shielding that property from creditors. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.