Legal Question in Wills and Trusts in California
Collection of a judgement
I have a judgement that has been entered in my name only, in Superior Court. Can they pursure my wife in collection of the debt i.e. her inheratance. I understand an inheratance is NOT community property, and that by keeping it in her own account, NOT joint, they can't collect from the inheratance
Asked on 5/12/07, 6:53 pm
1 Answer from Attorneys
George Shers
Law Offices of Georges H. Shers
Re: Collection of a judgement
You are correct. Your wife's inheritance is her separate property ad is not community property. The judgment creditor can go after only the property owned by the person named in the judgment. I have heard, however, of a bank that improperly allowed attachment of a spouse's bank account also. You might want your wife to move her account to another bank just to be safe.
Answered on 5/12/07, 9:47 pm