Legal Question in Credit and Debt Law in Texas
Asset protection in a civil dispute.
My wife in named in a civil lawsuit with a collection agency involving a revolving credit account. It is my understanding that her homesteaded house and her vehicle and her checking and IRA accounts are protected. My question concerns a piece of property that is in my name only. If the lawsuit were to result in a judgement against my wife, is the property that is in my name protected from liquidation to pay the judgement? I was a card holder on the account, but I am not named in the civil lawsuit.
1 Answer from Attorneys
Re: Asset protection in a civil dispute.
Your separate property should be protected from a judgment against her, which was not secured, or for necessaries. BTW, her checking account is NOT safe from execution on a judgment.