Can a Judgement against me affect my spouse in Florida?

Can a Judgement against me affect my spouse in Florida?

In a community property state most debts are considered joint marital debts and a spouse may be liable for the debts of the other spouse. In general, a creditor with a Florida judgment against only one spouse cannot collect any part of the judgment from the non-debtor spouse’s separate property.

Are you responsible for your spouse’s debt in Florida?

You and your spouse will be liable for any debts you entered into during the time you are married. Because Florida is not a community property state, you would have to sign an agreement in order for the court to hold you liable for any debts your ex incurred in his or her name only.

Can a judgment affect my spouse?

a judgment creditor of your spouse can garnish your joint accounts, and. if you have your own separate bank account and a judgment is taken against your spouse, that creditor can also garnish your separate account to pay for your spouse’s debt.

How is marital debt divided in Florida?

Are debts divided in a divorce? Yes, debts acquired during the marriage are typically treated as marital property in Florida divorce cases. Therefore, debts will be divided 50/50, unless there are reasons why an equal split would be inequitable (unfair).

Can a Judgement against me affect my spouse?

What is considered marital debt in Florida?

Marital debt includes mortgages, joint credit cards, car loans, and other debts acquired during the marriage. Both premarital and non-marital debt is considered separate debt and are not split between the spouses in a divorce. Only one spouse will be responsible for debts classified as premarital or non-marital.

Can a judgment creditor file a lien on a jointly owned property?

This also means that you and your spouse share liability on debts, whether or not you signed for that debt or were included as a judgment debtor. Consequently, a judgment creditor of your spouse may be able to file a lien against real property that you jointly own with your spouse. That lien could attach to the entire property.

What happens if a judgment is against only your spouse?

If a judgment is against only you and not your spouse, your spouse is entitled to protect his or her interest in the property. Property that is held by a husband and wife is called tenancy by the entirety and cannot be divided. This means jointly held property is not subject to the claims of creditors of the husband or wife individually.

Who is a judgment creditor in the state of Florida?

Interest accrues every year as set by the chief financial officer of the state of Florida. A creditor who obtains a judgment against you is called a judgment creditor. A judgment creditor can require you to attend a deposition and give information about your income and assets.

Can a judgment lien be placed on a separate property in Texas?

Some community property states provide for sharing of property, but not for sharing of debts. For instance, Texas is a community property state, but Texas judgment liens do not attach to a non-debtor spouse’s separate property. The only way around this is for the creditor to take a judgment against you, too.