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I had a default judgment filed against me in a community property state a few years ago and even though I was unmarried

Denver, CO |

I had a default judgment filed against me in a community property state a few years ago and even though I was unmarried it is against me and Jane Doe (wife). I have since gotten married and now live in CO. If my wife gets a new car in her name only can they go after it?

Attorney Answers 3

Posted

No, they should not be able to go after your wife here in CO, because she is what is considered an "innocent spouse." Best of luck

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Posted

This is not a bankruptcy question. If there is a defaault judgment againsst you that means you did not file an Answer and defend the case on the merits.

The judgment can only be enforced in Colorado if the ccreditor files it there. You should post the question in the matrimonial section as I am unaware of how the community property issue affects the enforcement of a judgment, but generally of you owe a secured loan on the car that debt takes priority and the judgment creditor normally does not seek to go after anything other than bank accounts and garnishing paychecks.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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Posted

It is unclear to me whether your wife came here with you from your prior state or whether she has lives in CO all along. I am not well versed in community property law, but it seems to me that if she never lived with you in the community property state then her separate assets cannot be touched by your creditor.

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