Legal Question in Family Law in New York
Can I be held responsible if my wife is sued?
My wife was involved in a car accident a few years ago. The injured party is now suing her for a large sum of money (beyond her policy limit). The car was in her name and she was the only defendant in the complaint.
My wife and I don't have much assets, except a house, which was bought after we were married, but is solely in my name. If my wife loses the case, can the house (or part of it) be included in the judgement? Or can the plantiff hold me responsible for my wife's judgement, even if I am not named as a defendant? If they do, can I refuse?
Thank you.
2 Answers from Attorneys
Re: Can I be held responsible if my wife is sued?
The judgment is a lien against real property owned by the debtor in the county where the judgment is docketed. However, as long as the house is owned as husband and wife, the judgment creditor cannot foreclose on the debtor-spouse's interest. Your wife may want to consult with her own attorney to ensure that her interests are properly protected by the insurer in the lawsuit.
Re: Can I be held responsible if my wife is sued?
YOU should check with the insurance attorney defending your wife in the case.
There are many variables that could affect the answer to some of your questions. Some states, not NY, tend to automatically include the spouse, whether named or not. Some states may place the judgment in the necessity item category... and so forth. NJ, Florida are two states where the answer would be quite different than in NY.
GOOD LUCK,
PHROSKA L. McALISTER, ESQ.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
