Legal Question in Wills and Trusts in Ohio

my husband's business debt

My husband's business is a mess and our properties are in my name so that they can't be taken if he is sued. My question is this: if his creditors call for their debt, can they take my assets also, since we are married? Should I move my monetary inheritance into my son's name now, or is this illegal? Any further money coming to me will be put in my son's name. Is this ok? I am a strong Christian and do not want to do anything wrong, but I am worried.


Asked on 3/13/08, 3:44 pm

13 Answers from Attorneys

Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

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Answered on 3/14/08, 9:47 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:47 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:47 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:47 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:47 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:47 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:47 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:47 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:47 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:48 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:48 am
Robert Rosplock Rosplock & Perez

Re: my husband's business debt

You are not responsible for your husband's business debts unless you moved his assets or your joint assets into your name alone just to avoid his business debts. Your assets may have to be used to pay his food, clothing, shelter and medical care to the extent he cannot pay from funds available to him.

Read more
Answered on 3/14/08, 9:48 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: my husband's business debt

If the assets moved in your name only can be shown to be joint assets, yes, you and your husband share liability. An inheritance is not considered a marital asset. It should not be commingled, or mixed with any other accounts. It is not necessary to move into another person's name. You should be able to prove that the money was inherited.

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Answered on 3/16/08, 7:28 pm


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