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
Estate Planning Attorney
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.
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.
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.
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.
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