Could my spouse be held accountable for a judgement that was awarded against me?

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Could my spouse be held accountable for a judgement that was awarded against me?

I lost a civil case to the tune of $7000 due to a car accident where neither party had insurance. I was found at fault. I am a homemaker and my husband works full time. I need to find out if they can come after my husband or garnish his wages.

Asked on February 12, 2011 under Bankruptcy Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

No, your spouse bears no liability for this judgment debt.  Generally, one spouse is not obligated to pay the bills of the other spouse.  However, there are exceptions to this rule. If you live in a community property state, you would typically bear responsibility for such a debt (MI is not such a state so it is not applicable to your situation). The second exception would be if you signed or in some other way agreed to be legally bound for re-payments on the debt (since this was a car accident claim, that's not likely). The last exception falls under something called the "doctrine of necessities". While many states no longer follow it, in the states that still do, one spouse is liable for the "necessary" expenses incurred by the other spouse during marriage. Yet, even if your state follows this doctrine, a judgement debt would not be deemed to be a "necessary” expense of the household.

Note:  To the extent that you have joint assets, then those assets would be at risk. For example, a house or joint bank account (at least to the extent not exempted underlaw).  At this point you should consult directly with an attorney in your area.


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