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I will be receiving money from my late Dad's will. Can it be taken from my account for my husbands debt?

Garden, MI |

The money will be paid in my own personal bank account and not me and my husband's joint account. We are married in community of property. Can they take my money out of my account for his dept when he pays his accounts every month or does it only happen when he doesn't pay his accounts? Thank you! Cecilia

Attorney Answers 4

Posted

This is a debt collection question, not really a probate question. Once the money is in your account it is yours and subject to rules regarding Garnishment. If there is not an outstanding judgment against you, and your husband's name is not on the account they should not be garnishing your account. If they do appeal it within the statutory period.

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Posted

Your question is a little confusing. You will get the most accurate answer by meeting with a lawyer. The lawyer can review your situation and help you to ensure that your money is not used to pay your husband's debts.

Generally speaking, if you maintain a separate account, it cannot be garnished for a debt that your husband, alone, has incurred.

I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

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Posted

In Michigan, your bank account generally cannot be taken to pay a judgment that is only in your husband's name. The creditor has to obtain a judgment before they can garnish your husband's accounts anyway. It may be worthwhile to have your husband meet with an attorney to try to reduce the amounts he owes.

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Posted

I agree with my colleagues. As long as the debt is your husband's alone, and the bank account is YOURS alone, then creditors should not be able to reach your inheritance unless you have agreed to be responsible for some of the debts.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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