Civil lawsuit and freezing a bank account..Serious answers please?
If my wife had a civil lawsuit judgement against her before we got married. Could my bank account be frozen because we are married? It's not a joint account and does not have her name on it. I am a little worried that it may get frozen and can't seem to find an answer on the net anywhere. I have tried calling a few lawyers to find out but can't get any answers. Thanks in advance for your help
Answer:
No, your account will not be frozen even if the lawsuit took place while you were married. That is why most felons (not that your wife is one, I am just giving an example) are trying to transfer the funds as soon as possible to the accounts of their relatives so the system cannot get a hold of them. For example, like in case of Enron, most of the money stolen by executives ended up in their wives' bank accounts; so when the lawsuits were brought up by the investors, there was not much to get from them.
The fact that the lawyers are not fast with their answers is another good sign. Believe me, if the lawyers felt just a little that there is a possibility of your account to be frozen, they would be on your back days and nights trying to convince you to hire them to represent your case so they can make money on it too. They know that there is no case in your situation.
In community property states, generally yes -- because the account itself is presumed to be community property, even if the assets in would be treated as separate property in a divorce.
In some other states, even though the property is yours, the marriage creates an effective agency where any assets you have are considered accessible by either spouse, so the judgment against her could block your access to the assets.
But there are some states where the fact that her name is not on the account is sufficient for it to be untouchable, absent a specific court order extending the judgement to your property.
Laws vary by state. Check your local listings.
No, under the law you are separate as to property.
No one can file an execution against your assets as a result of a judgement against your wife unless the asset is jointly owned.
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