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If debt is in my maiden name is my husband exempt from an execution of debt

Asked over 3 years ago - Pittsburgh, PA

I am currently filling out a motion to claim exemptions ( in NC) I was wondering since this debt is in my maiden name, does that mean my husband's property is exempt automatically from an execution of debt? Do I have to list any of his property on my forms and do we have to have reciepts to prove the items belong to my husband?

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we have a house he was original on the tilte, later we took him out, is it both our debts or jusy mine

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Attorney answers (1)

Margery Ellen Golant

Reputation Level 18

Answered over 3 years ago. Foreclosure Attorney in Boca Raton, FL.

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You don't give details, so I am not sure what forms you mean. While I don't practice in your state, generally spouses are not responsible for one another's debts. There are some exceptions to this rule, and the law of your state will control.

If there is an execution going on, it may be necessary to prove that particular items do not belong to you. Receipts would definitely do that if they show the items were bought by him. However, the law of your state may provide other ways you can do this.

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