Legal Question in Civil Litigation in New York

Civil Suit

If a husband and wife own an automobile titled in both of their names and have a joint bank account (balance to the survivor at the death of one), and the husband is sued in civil court (New York State), can any of the above assets be attached to satisfy a judgement against the husband. If the wife has any assets in her name alone, can those assets be attached. If the wife and husband have an asset titled as tennents in common, can the husbands portion of that asset be attached.


Asked on 5/20/03, 8:15 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Civil Suit

I don't understand why you are asking a Maryland attorney, but property titled tenants by the entireties in Maryland is immune from suit against one spouse.

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Answered on 5/20/03, 9:14 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Civil Suit

The question "what property can a creditor attach and foreclose on to satisfy a judgment/debt" is a very common question. Generally, assets in the wife's name alone cannot be seized to satisfy the husband's debts. However, property held in common can be seized. Property can be protected in a variety of ways. This is the type of task in which lawyers specialize. You are welcome to a consultation at no fee at my offices at 42 west 44th st, ny,ny. Please call for an appointment first - 646-591-5786.

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Answered on 5/20/03, 9:57 pm


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