CaptCBM

? About Garnishments and Liens

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Can a bank account be garnished if it is a joint account and the other person has nothing to do with the issue which caused the garnishment?

Meaning if my spouse has a judgement against him can a lien be put on the house we own jointly or our joint bank accounts be garnished? or is there some type of injured spouse clause?

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i'm not familiar with Va law, but I don't think so on the bank account, and for the house, it would depend both on Va law and what type of joint tenancy it is.

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It's the type of tennancy where if one of us passes away the other automatically gets the house, I forget the name for it. Thanks 4 the Info.

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Joint Tenancy with Right of Survivorship.

according to my Real Property book, debts of individual co-owners can attach to that co-owners interest in the property, but not to the property as a whole.

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Bank accounts CAN be garnished if your name is on it in all states... even if there a joint holder.. they can go to court and try to prove what portion of the money is theirs and get it released but in many states homes vary .. here in NC if one person has a debt and the deed is joint they can't touch it.. bank accounts are fair game pretty much everywhere and I know they are in VA

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