Legal Question in Family Law in New York
Answering a Subpeona Judgement
Re: information subpoena in a judgment against my husband, prior to us being married on 8/20/00.
Does my husband have a financial interest in any of my assets or income.
My husband & I now own the house together that we are now living in, can that be considered in the judgment?
My husband receives money from an IRA account periodically on request, is that considered a pension on the questionnaire?
Are things owned by the both of us (example: home furniture, appliances, etc.) considered his personal property for the purpose of the questionnaire?
1 Answer from Attorneys
Re: Answering a Subpeona Judgement
If the house is in joint name, then he has an undivided one-half interest in the house, as do you. Creditors of either party can place a lien on the house, but cannot compel foreclosure.
You may not wish to keep the house in joint name.
Suggest your husband consult with an attorney / financial planner. He may also wish to consider Ch. 7 or otherwise settling his debts.
Hope this helps.
www.BravermanLawFirm.com
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