If I am being sued and my husband is not, can the plaintiff collect on joint real estate or joint bank accounts?

Also, can he touch my IRA or husband’s 401K? IRA and 401K are in our own names separately. We live in a non-community property state.

Asked on September 21, 2012 under Bankruptcy Law, Michigan


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It makes no difference if you live in a community property or not community property state.  If you are together and married and not separated whether legally or informally and any joint assets you habe together wherein the title is in both names, those assets will be considered fair game to creditors. 

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