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Real property would not be subject to attachment as Ohio is not a community property state and therefore only the spouse who incurred the debt is responsible for the debt. However, it is possible in some cases for a lien to be placed against the debtor spouse's share of a homestead as Ohio law allows for the "equitable division of property". Joint bank accounts can be subject to levy thereby requiring the non-debtor spouse to prove the amount of funds belonging to him or her to insure they are protected from creditor attachment. Any property held solely in the name of the non-debtor spouse cannot be seized by creditor(s). All debtors are allowed personal and property exemptions established by state law which prevents creditor attachment. The exemptions allowed under bankruptcy law are the same that are allowed in regards to a creditor judgment.

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19y ago

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