Are my bank accounts (in my name only) subject to being garnished for payments for my husband’s debts (in his name only)?

My husband just had one of his bank accounts garnished / on hold for 45 days by a law firm for his capital one visa payments that he has not made. We have separated out all of our banking and credit cards in our own names and have been living separately for the past two years. I am in the process of divorcing him but have not yet submitted any papers so we are still legally married.

Asked on January 5, 2013 under Family Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written due to your separation from your spouse for over two (2) years coupled with the fact that the bank account that you are concerned about is in your name alone and not of your spouse, then it appears under the laws of all states in this country that the judgment creditor against your spouse will have a difficult time legally levying upon your own separate bank account for his debt.

Good question.


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