Legal Question in Civil Litigation in Wisconsin

Marital Property Law--Can Bank Accounts in One Spouse's Name be Garnisheed by Other Spouse's Creditors?

Unfortunately, in community property states such as WI, one spouse's creditors can garnishee the other spouse's solely owned bank accounts if such accounts are marital property. In most cases, bank accounts would be marital property unless they were inherited or gifted from outside the marriage or unless the couple has "opted out" of the marital property law via a proper prenuptial agreement. Couples can also opt out of the law after they are married, although the agreement will only apply to creditors who are timely placed on notice of existence of the opt out and reclassification agreement. As you may be gathering at this point, such matters are highly complex. It is therefore essential that you consult as soon as possible with an attorney who is experienced in creditor debtor/marital property matters. This would include most good bankruptcy lawyers.