Legal Question in Credit and Debt Law in Pennsylvania

If I am sued in Pennsylvania for something that happened at work, would they be able to come after my house since I am married? I have been reading that they can't come after jointly owned property. My wife is worried about losing the house.


Asked on 2/17/16, 8:32 am

2 Answers from Attorneys

Why is this a collection question again? Why would you be sued for something that happened at work? That is not a debt collection issue. There are limited areas on which you could be sued. I suggest that you get an attorney if and when a lawsuit shows up.

If the house is jointly owned (both names as husband and wife) then its considered as tenancy by the entireties. Usually, property owned like this cannot be seized and sold if only one of the spouses has a judgment against him or her. However, there are exceptions (like the doctrine of necessaries for medical debts) and you do not reveal any information. Also, you do not indicate whether you have defenses or how much a lawsuit would be for. Unless you caused death or serious bodily injury, I can't imagine a judgment would be that overwhelming. And why let it get to that point? Work out an amicable resolution instead.

You are asking the wrong questions in the wrong place. Figure out what kind of case is involved and start talking to a lawyer now and seeing how best to resolve this.

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Answered on 2/17/16, 11:47 am
Matthew Nahrgang Nahrgang & Associates, P.C.

I agree with Ms. Hunter that personal liability for work related activity is not common. However, to answer the question you asked regarding your house, assets bought during the marriage and constantly maintained as jointly owned, are protected from the creditors of one spouse. So, under your scenario where you are sued, only, if the house was bought before the marriage and always in joint names, it is protected as long as it remains jointly owned.

I trust this answers your question, and if you are in the Delaware Valley, feel free to call or e-mail on a free initial basis.

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Answered on 2/17/16, 12:34 pm


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