Legal Question in Personal Injury in Maryland

Re: tort claim

In Maryland the spouse of a defendant, who has no liabiilty of his/her own for the tort, has at least some automatic protections. First, property titled solely in the name of the spouse will not be available to satisfy a judgment. Second, any property titled as tenants by the entireties between the defendant and the spouse, will not be available to satisfy a judgment. There are also statutory provisions that protect some of the defendant's assets as well (approx. $3,500 of unspecified property, certain retirement accounts, etc.)(you should consult with counsel to determine exactly which exemptions apply to your facts).

The trickier things are property where the type of title is not clear (e.g. personal property acquired during the marriage with marital funds -- probably exempt as tenants by entireties even if no formal title) or where property is titled in the name of the defendant, or where the property is titled jointly but not as tenants by the entireties.

In these last two instances, you should absolutely contact an attorney if there is any significant property at stake because the planning and execution of an asset protection plan is diificult.

You cannot simply transfer the property into the spouses name, or change the title to tenants by the entireties in order to obtain complete protection (though you may wind up doing so at some point). Transfers made in order to move assets out of the hands of potential creditors can be undone later by courts under certin circumstances as "fraudulent conveyances".

In my practice, I am frequently called upon to advise clients on matter such as thi. I would be happy to speak with you for few minutes on the telephone free of charge to determine if you need formal legal advice. If you need advice, I will happily either assist you according to my firm's retainer policies, or refer you to a competant collegaue in your area. I can be reached at the number and address below.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.