States Which Are Community Property
I'm a judgment referral expert, and not a lawyer. My articles are my opinions, and is not legal advice. When you ever want a strategy to use or legal advice, you should contact a lawyer.
Community property states are those in which both married spouses share responsibility for any income and debts earned or incurred by each individually, and also what income is earned or any obligations incurred by the marriage partner. Community property provides each spouse a half, undivided, equitable or legal, contingent or vested, future or present interest in their assets and properties.
Sometimes the debtor listed on your judgment is judgment-proof, which means they are impossible or difficult to recover from. In community property states, one might have 2 people to collect from, that gives you double the chance to recover the money you are owed.
Community property states are currently: (Once in a while Alaska), Idaho, California, Arizona, (some Indian reservations), Louisiana, Nevada, Puerto Rico, New Mexico, Washington, Texas, and Wisconsin. Judgment recovery strategies sometimes rely on community property laws. Community property laws vary in each community property state. A short trip to the local law library or a short time spent researching the WWW, will easily clarify the full recovery options for judgments in a community property state.
In community property states, you can usually levy job income, bank accounts, property, or other assets owned by the debtor and their spouse. Garnishing the debtor's spouse usually needs permission from the court, and a successfully court-filed affidavit, declaration, or a motion; which documents your reasons why some assets of the debtor's spouse should properly be liable for the judgment debt.
Not all assets couples own can be viewed as community property. What is usually considered as community property is all money both spouses earn over the time they were married, and all assets purchased with either's earnings including real estate, vehicles, and most most any other asset, and most often also their debts. Unless separate property can be traced, commingling community and separate property most often results in any property commingled being considered as community property.
What's most often not community property is anything either spouse earned or received prior to their marriage, or gifts or inheritances the non-debtor spouse got during the marriage which was not used by both spouses.
The laws of the state will show the extent of a debtor spouse's liability for a judgment debt. Often in community property states, one may levy both people's assets to recover the judgment. It may not matter whether they are still married, as long as they were married at the time that the money judgment was issued by the court. You are likely to be able to garnish, levy, or use most any other recovery procedure against both of them at the same time.
About the Author
http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best chance to recover some judgment money. Mark D. Shapiro, the judgment matchmaker. JudgmentBuy has the best free judgment referral leads for enforcers, judgment buyers, and contingency collection attorneys.
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