My husband defaulted on a loan in his name

[jokerswild26]

Pennsylvania.........my husband took out a loan to purchase an "object" I knew nothing about. He defaulted on the loan and it was reposessed a year ago. He has paid nothing on it at all. They are now taking llegal action on him. My question is: can they take the things that are in my name because we are married? Or can they just take what he owns because he was the only one on the loan? This is a $7,000. debt. Should I transfer everything I own outright to someone else's name? Any help would be appreciated.

 

[guest]

jokerswild

if your husband took the loan out only in his name they attach some kind of lein or wage assignment on you or him. since you are married and all. best wishes.

 

[JETX]

"Guest's" answer is not correct.

Though Pennsylvania is NOT a community property state (meaning that you are not directly liable for your husbands debts), you can be indirectly liable.

If the creditor gets a judgment against your husband, they can enforce it against him. That means that they can use all the legal enforcement processes, including; garnishment, executions, levies, etc. against HIS assets. And since his are co-mingled with yours, they could grab yours also.

For example, lets take your joint checking account. They can levy against it and seize it. At the time of seizure (or shortly after), they must notify you that your account has been seized (at this point, ALL of your checks are bouncing). You will then have an opportunity to file a motion for a hearing to protest the account seizure. The court will then determine what percentage of the account was YOUR money and what percent was HIS. If both of your work, and you both contribute EQUALLY to the account, the judge will release 50% of the funds back to the account, with the remainder to the creditor (HIS 50%). All in all, still not a good position to be in. Oh, and the same procedure could be applied to all other seized assets.