Can my husband be garnished for a judgement against me prior to marriage. We live in Wisconsin. The judgement was from 2002 and we were married in 2016.
1 Answer from Attorneys
Yes, because you own half of his wages under the WI Marital Property Act, he could still face a garnishment for yoru pre-marital debt. Although your attorney may have statutory defense which he could raise, failure to raise them in a timely fashion could result in losing the garnished funds. One of two things could solve this problem. The first is a joint bankruptcy filing, but the second is a marital property opt out agreement which eliminates your claim against his wages and therefore prevents his wages from being garnisheed for your debts, provided that you notify the creditor of this agreement early enough.
This answer is not legal advice and I am not your lawyer just because I answered it on a public website. Feel free to view my past answers to similar questions on AVVO at https://www.avvo.com/attorneys/53566-wi-jay-nixon-1529181/answers.html . Also see 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon and https://www.facebook.com/NixonLawOffices . Answers may contain attorney advertising materials and both questions and answers may be may also be used in attorney advertising.