Can a judgement against one party be applied to jointly personal and/or real property?

The joint property is held by a husband and wife. What if one of them files for bnkruptcy?

Asked on January 30, 2013 under Bankruptcy Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Good question. If a judgment creditor has a judgment against a person jount personal or real property can be levied upon as a matter of law. The same hold true for marital property.

If the judgment debtor filed for bankruptcy protection, the judgment creditor ordinarily is precluded from leving upon assets of the debtor. If one spouse filed for bankruptcy protection, the judgment creditor can levy upon the assets of the other spouse assuming the debt is a marital debt.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.