My new husband wants to put my name on his bank account so I can have acess to his money while he is away to take care of the children etc.. Although I have accumulated alot of debt an owe alot of money for credit cards. I don't work and haven't for years. So can they take his money.
2007-09-06 06:53:06 · 5 answers · asked by mama_ann 1 in Business & Finance ➔ Personal Finance
If a creditor gets a judgment against you, they can attach any bank account with your name on it.
2007-09-06 07:01:43 · answer #1 · answered by bdancer222 7 · 1⤊ 0⤋
Actually, if the state you live in is a community property state they can probably take half the money even if your name isn't on it, all it takes is an affidavit of marriage by the creditor, but that requires a judgment first.
So, if there are judgments against you already, a creditor can get a writ of attachment and sign an affidavit of marriage realationship and the sheriff/marshall will go and attach the bank account. It is then up to your husband to prove that the money is his separate property.
One thing, if the creditor doesn't know about the account, it will be hard for them to find it because a writ has to be sent out to the specific bank and with the specific name on the account (i.e. Wells Fargo savings account for John Smith) and sometimes the banks even require that the branch where the account was created be served so that makes it harder for a creditor.
2007-09-06 14:05:03 · answer #2 · answered by gbravo04 4 · 0⤊ 1⤋
Yes, anything that your name is joint on, they can file to have the money taken. If creditors have been trying to get you to pay then that is what will happen most likely.
2007-09-06 14:03:37 · answer #3 · answered by cntrygirle8 1 · 1⤊ 0⤋
Yes. If you owe money, they can take it out of any a/c with your name on it, whether it has other names as well or not.
2007-09-06 15:22:58 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If your name goes on the account, probably.
2007-09-06 13:57:19 · answer #5 · answered by Anonymous · 1⤊ 0⤋