Legal Question in Credit and Debt Law in California
judgement and divorce
my husband has a judgement in his name only i am currently filing for divorce will his judgement follow me after the divorce and can my personel property be attached for this we do not own a house
2 Answers from Attorneys
Re: judgement and divorce
If the judgment was for a debt incurred during your marriage and is a "community" debt (meaning that it was for the benefit of the community), it may. It depends upon whether the judgment debtor will try to execute upon your property for the debt. However, in your divorce proceeding, that debt should be assigned to your spouse. It it is, and the creditor executes on your property, you have a cause of action against your ex-spouse.
Re: judgement and divorce
Maybe. Why was there a judgment against him? The issue really is a family law issue about community property and separate property. If it is considered community property, then they could come to you. If it is separate property, the debt would go with him.
Make sure that the divorce decree assigns the debt to him.
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