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My husband is a big credit card user and I hate the things, he keeps himself in debt with small minimum payments to many places and I cannot control him,he has his bank account and I have mine for that reason because he is on a fixed income.

 He had debt for something this past year and they took 1,700. Tax return which was mine ,to pay on one of his debts. Now he is talking about filing bankruptcy in a few months, and I saved up from my 401k and paid cash for a used motor home to enjoy traveling when I retire ,what my question pertains to is can they take my motor home for his debt if he files bankruptcy or make me sell it? He is also behind on house payments and everything else because one debtor garnished his check and is taking money out per month? How can I protect what I worked hard for?

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On 8/24/2019 at 6:07 PM, Dewsieq said:

can they take my motor home for his debt if he files bankruptcy or make me sell it?

 

Who are "they"?

 

 

On 8/24/2019 at 6:07 PM, Dewsieq said:

How can I protect what I worked hard for?

 

Among other things, consulting with a divorce attorney might be in order.

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Well as it looks He is very ill and not doing well but THEY are anyone who he owes debt to without my knowledge , he has all his financial info on computer along with the household bills and i dont have access , the v.a. Took my income tax as payment for his v.a bill he wasnt paying plus garnished his check so much per month , i have been working the past few years 6-1/2 to have what i need and my pets plus buying all grocery items and otc  meds so forth ,but he has been spending recklessly 

 

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1 hour ago, Dewsieq said:

Well as it looks He is very ill and not doing well but THEY are anyone who he owes debt to without my knowledge

 

South Carolina is not a community property state, so the extent to which you might be liable for debts he incurred without your knowledge or consent will be extremely limited.

 

 

On 8/24/2019 at 6:07 PM, Dewsieq said:

He had debt for something this past year and they took 1,700. Tax return

 

I'm not sure if this "they" is the same as the other "they."  In your follow up, you wrote that "the v.a [t]ook [your] income tax as payment for his v.a. bill."  I'm not sure what a "v.a. bill" might be, but the U.S. Veterans Administration would be able to garnish federal income tax refunds.  I do not believe that any creditor other than a federal agency or state spousal/child support enforcement agency can garnish federal tax refunds.  In any event, the way to make sure that future tax refunds are not taken is to file separate returns and/or make sure that your withholding from your paycheck is such that you don't end up with a refund.

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Yes it was a veterans hospital hes been disabled for ten years or so and yes he filed our income tax together probably knowing they would take it to pay his bill but thank you for your answer his bill was medication they charged him for since he had been going there that he hadnt paid , im tired of sacrificing for his stupidity so thank you for your answer there may be hope;) 

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1 hour ago, pg1067 said:

I'm not sure if this "they" is the same as the other "they."  In your follow up, you wrote that "the v.a [t]ook [your] income tax as payment for his v.a. bill."  I'm not sure what a "v.a. bill" might be, but the U.S. Veterans Administration would be able to garnish federal income tax refunds.

 

FYI there is one other category of non federal debt that may result in an offset against a federal income tax refund: state income tax liabilities.

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