Detroit, MI asked in Civil Litigation and Collections for Ohio

Q: In a civil case against my husband can they come after assets that are soley in my name and not his, since we married?

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2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: Normally not, unless he has transferred assets to you to avoid collection. In that case, the court could allow the creditor to trace his assets that went to you and to attach them for collection. The creditor also could obtain financial records from both of you to determine if any transfers happened and the dates of transfers.

Bruce Martin Broyles agrees with this answer

Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Lancaster, OH
  • Licensed in Ohio

A: No. However, you need to be certain that it is your separate property. Most personal property is not held by a title. Funds in a joint bank account lose their separate identity. In addition, you must be aware of fraudulent transfers as suggested by others on this site.

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