Can Creditors Touch My Spouse’s Bank Account?

In order to know whether your creditors can come after your spouse for the amount owed to them is going to depend on what is included in your bankruptcy estate which is the crux of your bankruptcy. What is most important is that you utilize a qualified and experienced bankruptcy attorney to assist you with this form of debt relief. This is the individual that will be able to advise you as to how the bankruptcy is going to affect your spouse.

If the bank account is considered as community property it could be included in the bankruptcy estate but you will also need to know what exemptions you are entitled to which in turn may be able to protect this. Being as your bankruptcy is going to include all of your personal property that you own, the bank account may be considered to be jointly owned by you and your spouse. This can even be true if the bank account is just in your spouse’s name. However, if the funds are considered to be separate from your property then most likely your creditors will not be able to touch it.

It may be that you will have to prove that that the funds in your spouse’s bank account where not contributed to by you. It may be that your spouse had a separate account prior to your marriage and this most likely will be considered separate. You don’t have to fear the threats of your creditors once you have gone into your bankruptcy as they will have to cease and all of their actions until their bankruptcy has been concluded.