Legal Question in Civil Litigation in California

Re: Spousal Responsability in Law Suit

Maybe; if a spouse is found liable, the other spouse is not liable per se, but their community property assets can be sold, attached, etc.,to satisfy the judgment. Did your husband have insurance coverage? If so, your insurance policy may cover the losses. If you transfer assets, hide money, empty bank accounts, etc., at a time when you know that a judgment may be entered against you or your husband, you could be in even more trouble, as there are laws which preclude fraudulent transfers to avoid creditors--see an attorney.

Re: Spousal Responsability in Law Suit

You are only personally liable up to $15,000 for personal injuries if you were a registered owner of the car your husband was driving. However, any community property assets could be used to satisfy the judgment. Just putting them in your own name normally will not protect you. You should consult with an estate planning/bankruptcy attorney to see if they can protect any of your assets. You should also check to see what insurance coverage you have to cover the loss.

Re: Spousal Responsability in Law Suit

Generally no, but spousal liability is a technical question and requires a thorough factual analysis in consultation with your lawyer. There may also be differences from state to state - e.g., community property, separate property, marital property, etc. I would not suggest divorce [which may have other unintended consequences] unless you thoroughly review this mater with a knowledgable attorney.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Re: Spousal Responsability in Law Suit

No, not unless you too were named in the suit.