Can my husband's creditors come after my sole and separate property? House deed

Asked over 1 year ago - Paradise Valley, AZ

says that I am a married woman purchasing home sole and separately. Can my husband's creditors come after this property for debt that he incurred PRIOR to our marriage?

Attorney answers (4)

  1. Celia R Reed

    Contributor Level 20

    1

    Lawyer agrees

    Answered . In all likelihood, they can't. First they would have to get a judgment, and it would distinguish whether the debt is sole and separate or community. Once that happens, a creditor can only attach your husband's sole and separate property or his portion of the marital community, but not your sole and separate assets.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  2. Steven W Zachary

    Contributor Level 17

    Answered . The creditor cannot attach your pre-marriage property. What they can do is get a judgment against him, attach his bank account and garnish his wages. Those things might have an impact on your household income.

    I have also seen creditors name after married spouses who then have to hire a lawyer to get their name off of the law suit.

    I would sugest that you or your husband talk with an attorney about resolving this debt. Many creditors will settle for much less than the balance given the right situation and the right attorney talking with the creditor. It might be a cost effective move. Talk with an attorney. Many firms, incuding mine, give brief free legal consultations.

  3. Michael T Millar

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . As a general rule, a creditor cannot attach your sole and separate property for a debt that is solely in the name of your spouse.

    I am not a AZ attorney, laws vary from state to state, therefore you should always consult a local attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  4. Vincent J. Gallo

    Contributor Level 14

    Answered . No.

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