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In a community property state is a spouse responsible for the other partners' debts that were acquired before the marriage.

Asked over 2 years ago - Spokane, WA

My husband co-signed for a vehicle loan for his son which the son defaulted on. The loan was taken out before I even knew my husband. The loan is in collections. I cannot work right for medical reasons. The collections agency claims they are going to sue me and attach my 401K and bank accounts. Can they?

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Michael John Gainer

Reputation Level 13

Answered over 2 years ago. Marriage / Prenuptials Lawyer in Spokane, WA.

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The key is first they have to sue you and husband. You must respond to any lawsuit and Deny any allegation that says you are liable because you were married at the time contract was signed.
If they sue and get judgment against husband, then no for 401k; bank accounts yes if joint account with husband. This would be because he's on the account.

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