Legal Question in Wills and Trusts in New Mexico

Hi, I am in the process of getting divorced. My home is in forclosure. My husband has no money, but alot of debt. My name is on a line of credit, we are joint owners of our home. I recieved quite a bit of money from my malpractic case, can my husband or the bank touch any of that money?


Asked on 3/24/10, 1:05 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

If a Judgment is rendered against you as a result of a lawsuit, or mortgage foreclosure or other debt, your assets may be seized, in part, to satisfy the amount which you have been found to owe by adjudication. A portion of your malpractice award could be determined to be community property depending upon the medical expenses and whether or not your husband contributed to them at the time. You haven't given enough facts for a more precise answer, but you should consult with an attorney immediately to see how to protect your assets.

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Answered on 3/29/10, 2:49 pm


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