Legal Question in Bankruptcy in California

I own a separate account. My bank is frozen/levied because my husband co-signed his friend. My husband is unemployed and his friend went bankrupt. My husband have judgement on him and now its me. Now the creditor levied my account and garnishment is awaiting to happen. I live in California and as far as community property laws is concern, will i have any kind of protection or any laws that can protect me from paying a third party's debt. Please help....


Asked on 5/13/11, 2:30 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

If the debt was incurred during the marriage, it is a community debt and community property can be used to satisfy the debt even if you aren't personally liable. Keeping the funds in your own separate account is not enough. You would need to prove the money in your account is separate property such as an inheritance or a gift from your parents to you only.

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Answered on 5/14/11, 8:57 am


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