Legal Question in Civil Litigation in Florida

Parental Liability in Fl.

Category: General Civil LitigationSubject: Parental LiabilityState(s): FL

Facts/Ques.: I have recently been threatened with being sued due to actions of my 16 year old son from a previous marriage. I paid for the damages ($1500)to avoid suit. I have been told that I should remove my name from all jointly owned property held by myself and my present husband in order to protect our property from being taken in any possible suit made against me in the future due to my son's actions. Would that actually protect me? Thank you,

Answer: No!! It would likely be against your best interests. It might protect assets but not you individually. It would also be totally unnecessary. Anything you hold in joint names with your new husband cannot be levied or attached for your individual obligations. A married couple hold a very special legal status called tenants by the entireties. Neither one of the parties owns the property -- the marital couple owns it. Accordingly, the property is subject only to obligations of both joint parties -- the marital couple. Your current husband is not liable for the actions of his step-son (son from your previous marriage). Therefore, anything held in your names as husband and wife could not be attached for your individual obligations as parent of your son.

You did not question your legal responsibility for your son's actions. I assume you verified your legal responsibility before you agreed to pay. I also assume you verified whether or not you had insurance coverage that might apply. You should certainly should have sought legal advice and counsel before agreeing to settle.

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