Legal Question in Credit and Debt Law in Pennsylvania
I am separated from my husband. During our time together he lost his job and had his vehicle re-possessed. He returned to his job after about 6 months. I retired while married to him and bought a cottage with my retirement. Since we have separated this has been my home for 16 months. My question is, can they take my camp to settle his debt? They are having a discovery hearing to find hiddne assests he may have and although we have signed initial divorce papers months ago, have not signed final papers.
1 Answer from Attorneys
No. The creditors of your husband cannot take any assets that you (a) jointly own with your husband or that you solely own provided that the debt for the car balance was just in the name of your husband.
You mention you bought a cottage. But you ask about a camp. Are these one and the same?
Your husband needs to resolve his debts or make arrangements. I don't see why you are involved in this at all. The creditor can do its own title search and see that the home is titled in your name alone. You do not indicate when you bought the home and when you separated. If after the date of separation, it is considered separate property although if you have settlement papers dividing up your property they should also refer to the cottage being part of your marital assets. It will be up to your husband to share any information about this but if the home is in your name solely and the car loan was solely in your husband's name then I don't see how the creditors of your husband can seize your assets. PA is not a community property state and you are not liable for your husband's debts just because you happen to be married to him.