Reach of a judgment

[sal swoffer]

washington state:
Q: i have a small inheritance. can a judgment against the marital community reach my monies. these monies have been used already to benefit the marital estate ... home improvements, gits. etc.

 

[I AM ALWAYS LIABLE]

washington state:
Q: i have a small inheritance. can a judgment against the marital community reach my monies. these monies have been used already to benefit the marital estate ... home improvements, gits. etc.

My response:

Yes. Once inheritance monies have been used for the marital estate, such monies have then become "gifts" to the marriage. As such, those things purchased with the money are "reachable".

The only way you could have kept your money "safe", was to keep it in a separate account, and spent the money in such a way, as to make all that money traceable back to that account. But, when you gifted money, and commingled the inheritance with marital funds, you lost the protective "character" of that money, making it available to be attached.

Good luck to you.

IAAL

 

[sal swoffer]

reach of a judgment (cont'd)

i understand that monies already used are gone. what about monies i have kept separate; in fact, the remainder of the inheritance is in my name in stock and mutual funds. FYI, my husband and i have a community property agreement in an estate planning sense.

if these funds should be unreachable due to their separateness from the m.community, then i take it they would be safe from any judgment rendered against the m. commmunity.

If debatable, is there any way to protect these monies from a judgment? thank you for your respose. sal swoffer