If a creditor gets a judgement against me, can they take money from mine and my husband's joint account?

Asked 12/31/2009 under Business | 1500 View(s) | More Legal Topics

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Cedulie Laumann / Arden Law Firm Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Maryland

You do not want to change any title/asset held jointly by husband and wife as "tenants by the entiretys."   A creditor of only one of you cannot attach any property titled this way. 

A married couple owning property jointly is often a good way to insulate property from the liabilities of each of you individually.   Note that this only applies to tenants by the entirties property - if assets are held jointly in other ways (such as tenants in common), then they are wide open for a creditor.

I strongly suggest that you consult with a Maryland attorney on the specifics of the judgment you are facing.   

If a creditor obtains a judgement against you they can seize your property and a joint bank account would be such property.  You need to take your name off of the account ASAP.  Additionally, you need to remove your name from any other joint accounts/assets.  The exception would be for any property titled as "tenants by the entirety"; such property is protected in this situation.

Note:  This assumes that your husband is not also liable for any debt due your creditor.  If he is not, he should in no way be affected directly by this judgment (other than the aforementioned joint accounts).

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