Legal Question in Credit and Debt Law in Pennsylvania

Responsiblity

I will be marrying in Sept of 2006. My fiancee has a legal matter pending in the state of N.J. The matter evolves around an auto accident that her vehicle was involved in. She was not in the automobile and was not present at the accident, her boyfreind at the time was behind the wheel, and the result was another party was allegedly injured and is suing my fiancees insurance company ,and the insurance company is in turn attempting to sue my fiancee claiming that the driver of her vehicle was not on her insurance policy. My question is after marrying if this case is still not settled are my assets or I liable to any kind of judgments in this matter.. I live in Pa. my home and all of my assets are in PA.We will be married in Pa and continue to live in my house...........


Asked on 3/11/06, 6:48 pm

2 Answers from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Responsiblity

Your assets are not at risk. Under Pennsylvania law married couples are a different legal entity and that entity's assets are not subject to attachment for the liabilities of one spouse. In any event any asset in your name can not be attached to satisfy any judgement against your wife. It is rare that the insurance company does not have enough coverage to pay any judgment. That will make your question moot. Get married and enjoy without worry. Gerald Hershenson Esq.

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Answered on 3/11/06, 7:56 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Responsiblity

Essentially I agree with the prior response. In PA, property owned by 1 spouse cannot be sold to pay the debts of the other spouse. Also, property owned jointly by both spouses cannot be sold to pay the debts of 1 spouse. I do not think your fiancee's ins co is suing her. It may be that the ins co is disclaiming coverage of her then boyfriend. On the facts you provided, I do not see that any monetary judgment can be rendered against her. If she was named as a defendant in the lawsuit, presumably the ins co hired a lawyer to defend her. If that's true, she can speak to that lawyer to find out exactly what's going on. Congrats on your upcoming marriage!!

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Answered on 3/13/06, 12:49 pm


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