Want this question answered?
If the judgment names only one spouse as the judgment debtor it will not be entered on the non judgment spouse's credit report.
Any debts incurred by a person before marriage belong to them entirely, and will not affect the other spouse.
A judgment against the trustee in his individual capacity will not affect the trust property. A judgment against the trustee as the trustee will become a lien on the trust property.
Debts of a deceased person are addressed during probate procedure. All lenders are required to file a claim against the estate through the state's probate court. All US states have laws of succession (the manner in which an estate is distributed) with the surviving spouse and minor children being the first to be provided for. If the judgment is against the deceased spouse only and the married couple were not residents of a community property state the surviving spouse is not legally responsible for the judgment debt and it can be voided by the probate court or the surviving spouse. In some cases, no legal action is needed, the judgment becomes null and void upon the death of the debtor.
Yes.
No, not directly. Indirectly the non debtor spouse may find that he or she has a shared joint account levied or joint property encumbered by a judgment against the debtor spouse.
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.
Summary judgment is not generally permitted in divorce.
In Texas, a joint property can still be seized for a judgment against one spouse, even if the other spouse signed a quit claim deed before the judgment. This is because Texas is a community property state, and joint assets are generally considered to be owned equally by both spouses regardless of individual financial obligations or actions such as signing a quit claim deed.
In Michigan can jointly owned real estate by used to satisfy a judgement against one of the joint owners?
its lion
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.