Legal Question in Credit and Debt Law in Maryland
Judgement collection
My ex-wife in Maryland is attempting to file a judgement against me in the Maryland court system. There is no documentation to support, but, if she is successful, how hard will it be for her to collect considering that I am self-employed and all of my assets (which aren't much) are jointly owned with my current wife?
1 Answer from Attorneys
Re: Judgement collection
That depends on where you live. Maryland still protects property owned by married couples and titled as "tenancy by the entireties." In other words, debts which are not joint debts by you and your current wife cannot be forcibly satisfied by property owned by you and your current wife. However, not all states follow that rule.
Simply put, if the judgment is obtained in Maryland, your ex-wife will have to then transfer the judgment to a state where you hold assets (real property, personal property, bank accounts, etc.) If you currently own real property in Maryland that is not jointly held with your current wife, your ex-wife will be able to very easily enforce her judgment. However, if all of your assets are located in another state, the laws of that state will determine how difficult it is to collect on the judgment. You'll have to ask an attorney that practices in the states in which you hold assets.