Wifes bank account safe?

[Rintaro]

This crediter received a default judgement against me over 4 years ago, and they did levy 1 of bank accounts alreadfy,
since then I have been depositing money in my Wifes Bank(we do not share bank or accounts of any kind. my name is not attached to hers on any bank account or credit card)

from what I understand as long as My name is Not connected to her bank account then her account is safe. IS This true can someone help with this question?

I live in CA.

[CindyLou]

NO, no no!! Her account is not safe. California is a community property state which means any property or debts aquired during the marriage are community property which means here account could be fair game to creditors, especially if there is any type of record that you have been depositing money.

You should both really go ""cash and carry" until you either get this judgment taken care of or file bk..I just wouldn't chance it!!!!!!!!!!!!!!!!!!!

[Rintaro]

The debt was aquired And judgement set Prior to us being married.

[treehugger1]

Technically, since the debt was acquired prior to mariage I would think they cannot legally levy her account. But, as always, who knows what might be attempted by more unsavory tactics.

[LadynRed]

True enough. Since it's all pre-marital debt, you're wife isn't liable. However, that bank account is still community property and if they find that account, they WILL levy it and ask questions later.

[Rintaro]

True enough. Since it's all pre-marital debt, you're wife isn't liable. However, that bank account is still community property and if they find that account, they WILL levy it and ask questions later.

How can they get a court order to levy an account without my name attached to it in anyway?

[CindyLou]

How can they get a court order to levy an account without my name attached to it in anyway?

Because you are in a community property state. Your name could just as well be on the acct... Any money earned during the marriage is considered community property...both yours and hers. So technically they can take community property money to pay a pre-marital debt becasue it legally belongs to you.

Now if you file BK, then pre-marital debt does not go off on her because that debt is not community property, therefore it ends there.

If the money in that acct was not community proprerty, i.e. aquired before the marriage and could be proven then you could get that money back after a long and grueling process.

But just be safe and don't keep money in either acct if you get judgements. That's the only way to be safe. Then once the BK is over you will be able to do as you wish.

But remember, don't ever close out an acct. Its very hard to get a new one after bK. Just keep a few dollars in it.