Can my creditor take an asset that is only in my wife’s name?

My business went bankrupt 4 years ago but I did not file for bankruptcy protection. I have negotiated payment plans with most of the people that my business owed money to but one of them is taking me to court and threatening to attach my wife’s house which is solely in her name. The amount owed is $24,000. Can they do this?

Asked on August 26, 2014 under Bankruptcy Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you obtained the house when you were married, it makes no difference if the house is only in your wife's name.   It is a marital asset and she can be attached.  Now, as far as the issue of suit and attachments, if your wife is not on the business as an owner, and your business does not commingle profits with the marriage (slight shot), the you may stand a chance to successfully prevent the house from being attached. 

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