Wife has separate debt in collections

[slacker]

My wife has a debt related to the foreclosure on her home (acquired prior to marriage). The foreclosure is complete and the 2nd lienholder wants their money (foreclosure didn't cover all of it). We live in TX (community property).

We have no joint accounts of any kind -- all accounts are holdovers from prior to the marriage and are held in our separate names.

I have cash in a separate savings account that I have accumulated since the divorce. This account may constitute community property under family law.

Can the lienholder take some/all of the funds in my separate account under the argument that it constitutes community property?

Thanks.

 

[Michael Wechsler]

I don't know the answer to this question. If it's community property that is partially owned by her then, by definition, it would seem they might be entitled to her portion.

 

[JohnMacek]

If it's community property and she has a right to it, her creditor(s) have a right to it.