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Will my home be protected from lawsuits against my alcoholic husband?

Will my home be protected from lawsuits against my alcoholic husband?

Q: Is there a one third rule for alcoholism by age 65?

There is no established 'one third rule' specifically related to alcoholism for individuals aged 65 and older. However, older adults may experience different patterns of alcohol use and related health issues. It's important to consult healthcare professionals for guidance on alcohol consumption and its effects at any age.

Q: Is alcoholism a protected disability?

Yes, alcoholism can be recognized as a protected disability under the Americans with Disabilities Act (ADA) and the Fair Housing Act, provided it substantially limits a major life activity. This protection allows individuals with alcoholism to seek reasonable accommodations in various settings, including housing and employment.

Full question:

My husband is 64, retired and an alcoholic. I would like to know if my home is deeded over to me alone will it be protected from any lawsuits that may be brought against him? He continues to drive while under the influence and I am greatly concerned about losing everything due to his actions.

Category: Debts and Credit
Date: 04/07/2025
State: New Jersey

Answer:

Generally, a married person isn't liable for injuries or damages caused by their spouse. However, there are exceptions. If a spouse is found liable for an accident, the injured party can pursue recovery from the debtor spouse's individual property or any jointly held property.

Typically, a spouse isn't responsible for the other's debts unless they are a co-signer or authorized user. In community property states, however, the non-debtor spouse's assets might still be at risk in certain situations, like bankruptcy or divorce. Creditors can target jointly held assets, such as bank accounts. If your spouse fails to pay a joint credit card debt, you could be held liable as well. Laws vary by state regarding marital debt responsibility, depending on when the debt was incurred and the identities involved.

For specific advice, consider consulting a local attorney familiar with your state's laws.

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

Are alcoholics a protected class in fair housing?

Alcoholics are not specifically designated as a protected class under fair housing laws. However, the Fair Housing Act prohibits discrimination based on disability, which can include alcoholism if it substantially limits a major life activity. This means landlords must make reasonable accommodations for individuals with alcoholism, provided it qualifies as a disability.

Is alcoholism a disability under the Fair Housing Act?

Yes, alcoholism can be considered a disability under the Fair Housing Act if it substantially limits a person's ability to perform major life activities. This designation allows individuals with alcoholism to seek reasonable accommodations in housing situations, but it does not grant immunity from the consequences of illegal behavior related to alcohol use.

Which of the following are disabilities under the Fair Housing Act?

Disabilities under the Fair Housing Act include physical and mental impairments that substantially limit major life activities. This can encompass conditions like alcoholism, drug addiction (not resulting from current illegal use), mobility impairments, and mental health disorders. Each case is assessed individually to determine if it qualifies as a disability.