If for example my husbands wages are garnished for CC debt/judgement can my wages be garnished the same way by an entirely different creditor? It is a community state and my income is his... his mine and so on. Could be both end up with garnishments? Do garnishments allow for expenses of living?
If for example my husbands wages are garnished for CC debt/judgement can my wages be garnished the same way by an entirely different creditor? It is a community state and my income is his... his mine and so on. Could be both end up with garnishments? Do garnishments allow for expenses of living?
Community Property Laws cause a lot of unnecessary confusion in a lot of areas, but none more so than here. Since I also live in a Community Property State (AZ) let me try to clear up some of the fog. 1: Here is the difference between Community Property and non-Community Property (also called Common Law States): In the Common Law States, "what's mine is mine, what's hers is hers and what's ours is ours." In Community Property States (ID, WA, CA, NV, AZ, NM, TX, LA and WI) it works like this (this only applies to assets and liabilities acquired AFTER marriage, more on that later): What's mine is OURS, what's hers is OURS, what's ours is OURS. There is no such thing as separate property in a Community Property State (see exception below). 2: The only non-community property in a community property state is what each respective spouse owned BEFORE the marriage and, if that asset has been sold, the new asset is traceable to the old. that means once a prior asset's value is commingled (selling a premarital house and putting the proceeds in a Community Property bank account can do it) then the non-Community Property status is lost. This concept works not only with pre-marital assets and liabilities, but also with individual assets and liabilities incurred while married while living in a Common Law state. 3: Community Proiperty means either spouse has the power to bind the other legally without that spouse's signature!!!! If I get a credit card and don't pay it, they can go to my wife's paycheck to collect even if she never knew it existed as long as the marital community is intact. What breaks the marital community? Separation both physically and finnacially. 4: YES, a creditor can garnishee spouse A for the debts of spouse B in a Community property State if the debt is community property. Both can end up with garnishments at the same time (no difference from Common Law states) for the same debt.
Re: Re: Wage garnish- Calif Comm prop Flyingifr your almost right. Even though TX is a community property state, there are no garnishments.
Re: Re: Re: Wage garnish- Calif Comm prop My post was discussing Community Property laws, not Collection laws. You are right, Texas has no garnishments.
Re: Re: Re: Wage garnish- Calif Comm prop I know. You've been around here for a while. I was just teasing ya.
Re: Re: Re: Wage garnish- Calif Comm prop While we are picking on the dearly loved Flying. Inherited Property - before or after marriage is separate property (at least in TX).
Re: Re: Re: Wage garnish- Calif Comm prop "MY" HOUSE IN CA is "MY" property...I bought it BEFORE we were married...
