Legal Question in Civil Litigation in California
My fiancee is being sued, should I wait to marry him?
My fiancee was involved in a car accident and is being sued by his
passenger. We want to get married, but we are worried that it
would mean that I couldn't open a bank account because my
money could be considered part of his, and the people sueing
would be able to take it from us. Is there anything along the lines of
a prenuptual agreement that would prevent them from taking
anything that is mine? If I put our car under my name would they
be able to take that too? Basically, we have no real assets, our car
doesn't even run, we don't have any real property, what approach
would they most likely take with this case to get money, would they
garnish his wages, he had a DUI so he can't file bankrupcy, i've
been told, but is there anything that he can do?? Are we going to
have to wait until all the civil case is final to get married, or could
they still find a way to garnish my wages too?
3 Answers from Attorneys
Re: My fiancee is being sued, should I wait to marry him?
First, you can get married. No one will garnish your wages. Any debts your husband incurred prior to marriage are not yours and do not become yours by marriage. Likewise, any negligent acts or personal injuries caused by your husband prior to marriage remain his, not yours. However, if you open a joint bank account, there is the possiblity that it could be seized to collect your husband's share of moneies that would satisfy a judgment. That's only one pitfall. HOwever, you may be able to object to a seizure of a joint bank account, but that is getting ahead of ourselves. A prenup will not protect you. That is only between you and your husband, not third-party judgment-creditors. Finally, you should have an attorney consultation. I do this for no charge. And your fiance most definitely should have an attorney represent him in the civil case against this passenger. Call me for a consultation and visit my website at www.lawzenith.com. (310) 806-9237. Good luck, --Phil
Re: My fiancee is being sued, should I wait to marry him?
You can protect yourself by not comingling your money or property with your fiance's. If you each maintain separate bank accounts and take other appropriate steps, then you will not form a marital community and there will be no community property for the plaintiff to take.
You need the advice of a financial planner more than that of an attorney. Make an appointment with one, tell her about your situation and ask her what you need to do. You may also want to consult with a lawyer, but be sure to get financial advice too.
Re: My fiancee is being sued, should I wait to marry him?
My friends and colleagues forgot to mention one thing: if your fiance had auto insurance, they likely won't even go after his own assets. They just want the insurance money.
If the DUI was not connected with the accident, your fiance might still be able to file a bankruptcy.
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