Can Property I Own With My Spouse Be Used to Pay For My Individual Debt?
Full Question:
Answer:
Yes, it is possible that they could attach the home if they get a judgment against you that remains unpaid if your name is on the title. If the home was sold, your share of the equity in the proceeds could be used to pay creditors. Courts have held that property owned by husband and wife as tenants by the entireties may not be sold to satisfy the debt of only one spouse However, property held as joint tenants who are not tenants by the entireties may be sold to satisfy the a sole debt of one owner, up to the amount of that debtor's equity in the property. The non-debtor owner will receive the balance of his share of equity in the property from the sale.
Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse such as a bank account in both their names.
