States Which Are Community Property

A community property state is one where either married spouse are responsible for all debts and income earned or incurred by themselves individually, and also whatever income is earned or all debts owed by the marriage partner. Community property provides each spouse a one-half, non-divided, legal or equitable, vested or contingent, present or future ownership in their assets and properties.

Often the debtor named on your judgment tends to be judgment proof, meaning they will be difficult or impossible to collect from. With community property states, one may have two individuals to collect from, which gives you double the chance to recover the money you are owed.

The community property states are currently: (Occasionally Alaska), Idaho, California, Arizona, (certain Indian reservations), Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, and Wisconsin. Judgment enforcement strategies sometimes depend on community property lawsthat vary in most community property states. A short trip to your local law library or a short time spent researching the WWW, will easily clarify the full recovery options for a judgment in a community property state.

In a community property state, one may often levy job income, property, bank accounts, and other assets belonging to your debtor and their spouse. Levying a debtor's spouse usually requires permission from the court, and a properly endorsed court-filed affidavit, declaration, or a motion, which explains the reasons why some assets of a judgment debtor's spouse should be available to pay towards the judgment debt.

Not all assets a couple has may be considered community property. What's most often seen to be community property is all the income both spouses earn over the length of their marriage, and all property purchased with either's earnings including cars, real estate, and many other kinds of assets, and most often also their debts. Unless separate assets can be traced to their origin, commingling community and separate property usually results in all property commingled getting considered to be community property.

What is most often not community property is something either spouse earned or received before their marriage, or inheritances or gifts the non-debtor spouse received during the marriage that wasn't used by both spouses.

The laws of your state will define the extent of a debtor spouse's liability for the judgment debt. Often in a community property state, you may pursue both spouse's assets to recover your judgment. It might not matter if they are still married, as long as they were married at the time that the money judgment was issued by the court. One probably can garnish, levy, or use any other enforcement strategy against both of them concurrently.

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