Marital property creates a problem for a party  seeking to enforce a judgment against one of the  spouses. Marital property is held by husband and  wife by something called “tenancy by the entireties,”  meaning, it is owned by the marriage and beyond the  reach of creditors of either spouse, unless the  judgment is against both husband and wife.

Marital Property – Defined.
Any property acquired during the marriage  (pre-separation) is “marital” unless excluded from  the marriage by premarital or post nuptial agreement  of the marries parties or if it is inheritance. For this  reason, if the debtor is married, the creditor must be  sure to get a judgment against both husband and wife,  even if the assets sought during collection are titled in  the husband’s name only. The key question is, what  the asset acquired during the marriage? If so, it is  likely “marital” and beyond the reach of creditors. In  practice, all the married debtor needs to do is have  the spouse sign and affidavit that the assets are  “marital” and that will put a prompt end to collection  via the sheriff if the judgment is against one, but not  both spouses.

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