If I am considered judgement proof having but my spouse has assets, can he be negatively affected?

This is for defaulted student loans before we met. I know the IRS can intercept our jointly filed tax return but here in our state he can file injured spouse status since he is not liable for my debt before marriage. I am just afraid that this will affect him somehow. If our home is in his name only, can they win a judgement against it?

Asked on July 18, 2012 under Bankruptcy Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Creditrs can only go against assets that are in the name of the debtor.  So if the house is not in your name then they should not be able to attach it.  But joint bank accounts,e tc. can be attached.  And trying to avoid the debt by having nothing in your name is unlawful and nerve wracking.  I would try and settle the matter as best as you can.  Why live with this over your head. It will only cause strife. Good luck.

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