Can My Husband's Business Debts Affect My Home Ownership?
Full Question:
Answer:
It is possible for a spouse's property to be attached if the property is used as security for a loan, held jointly, or they live in a community property state, which Georgia is not. If you did not use separate property to secure the debt, nor cosigned or guaranteed the debt, and the debt is the sole debt of one spouse, separate assets may not be used to pay the sole debt. However, property held jointly may be sold to recover the debtor spouse's equity to pay the debt.
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 name.
