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Re: Joint Accounts, question for WhyChat


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Posted by Why Chat (209.240.205.61) on December 16, 2003 at 18:17:32:

In Reply to: Joint Accounts, question for WhyChat posted by Penny Saved on December 16, 2003 at 17:23:56:


If you are in a Community property State your joint account is subject to garnishment, even if your non liable spouse is primary. In that case, and in the case of a joint account where the judgment debtor is primary, a petition for partition is made to identify the fund's ownership.

If, however, you are NOT in a community property State, and your joint account has someone OTHER than the judgment debtor as primary, the account cannot be garnished.

In any disclosure the only assets that are required legally to be divulged,other than recorded property, are assets in which the debtor is primary.


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