US Legal Forms
Legal Resources
Questions & Answers
Civil Actions
Can I be sued for damages caused by my husband in an accident?

Can I be sued for damages caused by my husband in an accident?

Full question:

If my husband was guilty of a car accident; can I also be sued if I have my own assets such as a home and retirement funds. All are and have been in my name only.

Category: Civil Actions
Date: 04/07/2025
State: California

Answer:

Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse, such as a bank account in both their names. If your spouse agrees to pay off a joint credit card debt but does not, the bank may successfully sue you for that debt. However, state laws vary about which marriage partner is responsible for certain debts, depending upon when the debt was incurred, the identity of the debtor, or the purpose of the debt.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What assets can you lose in a lawsuit?

In a lawsuit, you may lose assets that are jointly owned or those that are not protected by law. This can include bank accounts, real estate, and personal property. However, certain assets, like retirement accounts and primary residences, may have protections depending on state laws. Always consult with a legal professional to understand what specific assets might be at risk in your situation.

Can a car accident lawsuit take my house?

A car accident lawsuit can potentially lead to the loss of your house if it is deemed a joint asset or if you are found liable for damages. However, if the house is solely in your name and you are not responsible for the accident, it may be protected. Laws vary by state, so it's important to seek legal advice to understand your specific risks.

What personal assets are protected in a lawsuit?

Certain personal assets may be protected in a lawsuit, such as retirement accounts, life insurance policies, and primary residences, depending on state laws. Additionally, assets that are held in trust or are exempt under specific statutes may also be protected. It's advisable to consult with an attorney to identify which of your assets may be shielded from creditors.

Are spouse assets protected from judgments?

In general, assets owned solely by one spouse are protected from judgments against the other spouse, especially in non-community property states. However, if the assets are jointly held or if the debts were incurred together, they may be at risk. State laws can vary, so consulting with a legal expert is recommended for your specific circumstances.

Are retirement assets protected from lawsuits?

Retirement assets, such as 401(k) plans and IRAs, often have protections from creditors under federal law. However, the extent of this protection can vary by state and the type of debt involved. It's crucial to check your state's laws and consult with a legal professional to understand how your retirement assets may be affected in a lawsuit.

What assets are exposed to lawsuits?

Assets that are typically exposed to lawsuits include cash, bank accounts, real estate, and vehicles, especially if they are jointly owned or not protected by law. Additionally, personal property and investments may also be at risk. To safeguard your assets, it's important to understand your state's laws and consider legal strategies for protection.