Page 127 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

If you live in or near one of these states read on, because there are additional

enforcement options available to you. Even if you’re not in one of these, this will help you
to understand the difference between community and personal property.
First, the laws in the community property states generally amount to this:

All property, real or personal, wherever situated, acquired by a married person
during the marriage while domiciled in this state is community property.

In other words any property or other assets gained by the couple
during marriage are owned by both of them. This is because the marriage
is a “community.” What one gains, they both of them gain.

What are the exceptions:

✓ Gifts to one family member

✓ Inheritances

✓ Property owned by one person before the marriage

✓ Property kept absolutely and completely separate during marriage.

Important:

A judgment against 1 family partner does NOT (repeat NOT) make both people
judgment debtors. If the judgment is against the husband only, then he’s the only JD in
the case.

Key:

▪ The nondebtor spouse is NOT liable for the judgment
▪ But, the nondebtor spouse’s community property IS attachable, and in that sense
is liable for the judgment..

This means that when a JD is married, the assets obtained by either spouse can be
garnished, levied upon, and in other ways used to satisfy the judgment. Again: The theory
is that both spouses contribute equally to the marriage, though in different ways, and
therefore all income and property is considered to have been gained through the combined

efforts of both.

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