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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.

2006-08-15 12:31:10
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Related Questions

Can a spouse in Texas have his or hers wages garnished by the IRS for a tax lien that the spouse incured before the marriage?

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.


In what circumstances can separate property become community property?

Separate property can however, become community property through a process called \"commingling \". This happens when separate property is mixed or \"commingled\" with community property. If, for example, a spouse deposits his inheritance into a joint bank account where both spouses make withdrawals and deposits, the inheritance could at some point be considered \"commingled\" and part of the marital assets.


Can purchasers of farm property which are all in a community property state buy the property thru an llc that is in a non community property state to protect themselves from spouses or future spouses?

That's complicated enough, and the consequences of getting it wrong are severe enough, that you really should consult an attorney.


What are Community Property States?

Community Property States are those states in which all material property is divided equally between the spouses during their divorce. Spouses are required to split all of their belongings, including debt, equally. Anything gained before their marriage or after the separation is not included. There are nine states in the United States that are Community Property States. The Community Property States are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.


When you are legally married are you responsible for paying your spouse's credit card debt?

If the account is joint then both spouses are responsible for repayment. If the account was incurred during the marriage and is held by one spouse and the couple live in a community property state both spouse's are responsible for repayment. If the account was incurred during the marriage by only one spouse and the couple does not live in a community property state, only the spouse who is the account holder is responsible for repayment.


If unmarried does community property exist in CA?

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).


What if you live in a community property state and on spouse owned property before the marriage if they divorce what are the spouses rights?

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.


Is Indiana a community property state?

No, when it pertains to marital property, Indiana is an "equitable distribution" state. When it pertains to debts, both spouses have responsibility for debts jointly incurred during the marriage, solely incurred debts are the responsibility of the account holder spouse.


What is the default marital regime in Mexico?

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.


Does inherited property become community property once the names of both spouses are on a bill?

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.


Is Michigan a community property state and what are spouses entitled to?

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.


Can a bank account held soley by the non debtor spouse be levied for the debtor spouses debts if the couple reside in a non community property state?

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.


Can your spouse be garnished in the state of Alabama that the spouse incured?

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.


Can creditors go after an ex-spouse if his or her name is not on a credit or mortgage account?

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.


Can you deny your spouse access to your bank account?

You can deny your spouse access to your bank account if the bank account isn't marital property. Different states have different laws specifying how long you have to be married to have marital property. Banks will often give information to spouses, even if they aren't on the account.


Is an authorized user on a credit card liable?

Not to the credit card issuer. The account holder is totally responsible for debt incurred on a credit card. The exception is married couples residing in community property states, where both spouses are considered have the same rights to property and assets and the same responsiblity for debts.


Is Arizona a Tenancy by the Entirety state?

No, it is a community property state. In a CP state all property acquired during the marriage is considered to be equally owned by both spouses, and in most cases all debts incurred during the marriage are considered to be the equal responsibility of both spouses.


What if your state is not a community property state?

Then it is a separate propety state. Under a community property system, all property acquired by either spouse during marriage, with a few exceptions (such as property acquired by gift, inheritance, or devise, or the rents and profits of separate property) is treated as "community property" meaning that each spouse owns an undivided 1/2 interest in it. At divorce, all community property is split 50/50 between the spouses. If the property can't be divided in half (basically any property besides money, including houses, cars, and other tangible property), it will be sold, and the spouses will split the proceeds. In a separate property state, all property acquired by the spouses during marriage belongs to them individually, by default. At divorce, property will be subject to equitable distribution (not the same as "equal" distribution), meaning that a court will divide property in a manner it thinks is fair, considering the financial situation of each spouse, the lifestyle to which they've become accustomed, etc. This may or may not result in a 50/50 split of the property.


How does divorce work in a community property state?

Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. Divorce proceedings in community property states (especially when a lot of assets are involved or when there has been a separation as well) can be very complicated. The divorce is the same as it would be otherwise with the general community property presumption and the party claiming an item is not community property bears the burden.


What is a community property in the state of Georgia?

Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. There are some defined areas that do not fall under community property: separate property acquired before marriage or during marriage using separate property funds, items acquired as a gift, in a will, or as inheritance, and the rents and profits received from separate property.


What am I entitled to if I am married and not in my spouse's will in California?

California is a community property state. Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. It is important to note that anything obtained before the marriage, kept separate, and a few other notable exceptions will not be considered community property


What Items that are conconsidered Community Property?

Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. The main areas of separate property are those items acquired before marriage, items received as a gift through a will or by inheritance, and those properties purchased with separate property funds.


If a bad debt leads to wage garnishment in Arizona and it is only in one spouse's name are the other spouse's wages subject to garnishment?

Yes, either spouse can be garnished by creditors but usually not both spouses at the same time. Because Arizona is a community property state, the plaintiff must sue both the husband and the wife for a lawsuit and any judgment granted to be valid. The winning plaintiff can also levy a joint or single account of a married couple.


After your mortgage was bought by another bank are they able to add your spouse as co-borrower without permission?

No. However, if the married couple reside in a community property state it does not matter if one or both spouses are named on a loan contract. In community property states all debts that are incurred in the marriage are equally owed by both spouses regardless of which one is the named debtor.


If two individuals living in NY marry and then move to California which is a community property state can creditors go after the spouses for the amounts owed once in California?

Yes, If the debts were incurred outside a community property state during marriage, the collection can be enforced. All it takes is the signature of one of the spouses to 'bind the community'. Where the marriage occurred is not relevant, all states recognize legal marriages performed in other states. However, if the debt(s) belong to only one of the couple before the marriage then the community property laws would apply only to debts and/or property incurred in CA. There could be grounds for appeal regarding the enforcement of community property laws under these conditions.