The operating account for this business was held in the names of H and W in a joint tenancy bank account. W. He withdrew all the funds from the joint tenancy account and placed the money in a bank account in Switzerland in his name alone. While en route to the bank to make this transfer, H negligently rear-ended a car in front of him, injuring the driver slightly and causing property damage to the other car. H gave the other driver his name and address, and went on to the bank to complete his transaction. When this suit was reported in the press, H was identified by one of his crime victims and arrested.
H is now in prison, awaiting trial on criminal charges.
W continued to operate the dry cleaning business, adding some of her separate property funds to make up for the funds H had withdrawn from the joint tenancy account. She filed for dissolution of the marriage, and was awarded the dry cleaning business. H was ordered to account for the missing funds. H failed to appear in the tort action, and the plaintiff obtained a default judgment against him. Plaintiff seeks to enforce the judgment against W. She resists payment, arguing that H is solely liable for the judgment debt.