Legal Question in Credit and Debt Law in Wisconsin

Yes, unfortunately, under the WI Marital Property law, your wife owns 1/2 of all marital property which you own and vice versa. You (and therefore your creditors) have the similar 1/2 claim against everything which she owns which is marital property. Since wages are marital property for most couples, creditors from before the marriage are indeed allowed to garnishee the wages of the non-obligated spouse in order to recover this debt, even if your spouse incurred the debt before you were married. The good news, however, is that the marital property law provides a relatively simple option for couples to "opt out" of the marital property law. This is often done via a prenuptial (or postnuptial) agreement, which must then be served upon the creditor. I would strongly recommend that you have a private consultation with an experienced bankruptcy lawyer in order to go over your options. even if you do not need to go bankrupt, only bankruptcy lawyers are apt to have the level expertise necessary to address these complex issues for you. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and arrange to retain me. I also represent clients throughout WI. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.