If my wife defaulted on a debt that she incurred prior to our marriage, can our joint bank account be garnished?
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If my wife defaulted on a debt that she incurred prior to our marriage, can our joint bank account be garnished?
My wife bought a car prior to us getting married but it got reposessed. She has no income but is on my bank account.
Asked on August 30, 2010 under Bankruptcy Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally, one spouse is not obligated to pay the pre-marital bills of the other. The exception would be if you agreed to be legally bound for re-payments on the debt (for example you co-signed for the debt; apparently not the case here). However, to the extent that you have joint assets they will be at risk. Since your joint accounts can be garnished you should open up a separate account in your name only.
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