Should I take my wife’s name off my bank account that I get my SSD direct deposit in, if she is being sued by creditors?

UPDATED: Feb 20, 2012

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Should I take my wife’s name off my bank account that I get my SSD direct deposit in, if she is being sued by creditors?

Asked on February 20, 2012 under Bankruptcy Law, Iowa


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you should remove your wife's name from your bank account if she is being sued for an unpaid debt. If you keep her name on your bank account and assuming a judgment is obtained against you wife by her creditors, they can levy on the bank account that you are writing about since your wife's name is on it. The result of a successful levy is that the money from the bank account would be used to pay off the judgment against your wife.

In fact, you and your wife might consider placing all of your bank accounts in your name and not hers.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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