I was in an accident in 2004 and am getting sued. I am a stay-at-home mom, with no assets or paychecks. Can they demand that my husband foot the bill if the plaintiff wins? I don't think we qualify for "judgement-proof" if my husband has stocks. But that's how we make a living, the stock market. Can they make him use this money? Mind you, this happened before I even met my husband.
2007-02-10 13:24:36 · 16 answers · asked by allison s 1 in Politics & Government ➔ Law & Ethics
To answer some questions:
I live in Virginia
My husband does not work, he has a trust fund from BEFORE I met him
I do not have a bank account, it's only in my husband's name.
I have insurance, but it only covers $50,000 and the plaintiff is suing for $150,000.
We live off of the trust fund and use that money to raise our daughter. I'm just worried that it will be taken out of my daughter's mouth and into the plaintiff's pocket, we have to survive off of this money...I'm sure I'll have to get a job (no biggie), I just wanted to make sure that my husband's money (the money we feed our daughter with) isn't in danger.
2007-02-11 03:57:10 · update #1
Every asset we have is only in my husband's name, so hopefully we can keep it and I just can get a job to pay off if the plaintiff wins, I don't want my husband to be punished for something that happened before I even met him.
2007-02-11 03:59:02 · update #2
In some states yes, in others no. Its more likely they can if you live in a community property state. If you are being sued your insurance company should provide you with an attorney and if that's the case its their duty to defend and pay damages not your husband. If you don't have insurance you better go hire an attorney immediately.
2007-02-10 13:37:17 · answer #1 · answered by Daz2020 4 · 0⤊ 0⤋
No....but you still need to worry. Since it was your accident and before you were married, it's a claim against you and not your husband.
The bad news is that anything that is now yours is reachable. To determine that we need to know:
1. What state are you in?
2. Does your husband have a job (does he get a paycheck?).
3. Is your current income from assets your husband had PRIOR to being married?
4. Do you have signiture authority on any bank accounts (can you write checks or make withdrawals?)
Generally, anything in your name, either alone or held jointly (like community property) is reachable. If it's all in your husband's name it might be shielded. But that too depends on the details.
You certainly need to talk to local attorney on this. If you happen to be in California, then see the link below. Look at the family code sections 910 -916. For your state, the family code is almost certainly online.
2007-02-10 14:05:02 · answer #2 · answered by tallthatsme 4 · 0⤊ 0⤋
Yup pretty much.. community assets and all ya know...
Now since you mention this happened BEFOR you met the husband than Umm likely not.. seperate property and all that jazz.. no one can be held accountable for before the marriage.. but thats tricky.. and every state varys.. while he may not be a party to the suit.. your total net worth may be a consideration in a pending suit..
You def need a lawyer in YOUR state (this would be a civil suit) Any thing said here isnt gonna do you any good to tell the truth..
2007-02-10 13:42:10 · answer #3 · answered by darchangel_3 5 · 0⤊ 0⤋
I'm not a lawyer, but I know one thing, your money and your husbands money is the same
money. I'm getting the feeling, someone didn't have insurance, someone was or is claiming injuries beyond the norm. In any event, if insurance doesn't cover the suite, and they win, the court doesn't care who's money it is, or who's property is lien ed, if you own it or anything jointly. Here in CT, the husband is out on a limb no matter what the situation. I'd check your state laws on that.
2007-02-10 13:49:49 · answer #4 · answered by Rick 2 · 0⤊ 0⤋
Can my husband be dragged into my lawsuit?
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2016-06-22 18:05:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I would have a free consultaion with a lawyer. But if his money is your money and they can take what is his....it might be best to divorce before this happens and get remarried. Thats what I would do in this situation.
2007-02-10 14:45:55 · answer #7 · answered by xxmilitarychikxx 3 · 0⤊ 0⤋
Please don't rely on any advice you get here. The particulars of your situation will be different in different states of the U.S. Chances of someone actually knowledgeable answering your question here are slim. You must have an attorney, right? Just wait until Monday and call him or her.
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