Legal Question in Insurance Law in Pennsylvania

liability in marriage

My question relates to an upcoming event . My fiancee and I plan a 2006 wedding. She is currently the defendent in a personal injury lawsuit. If the suit is not settled by the time we get married, would any assets that I bring into the marriage be subject to risk ? I reside in Pennsylvania ,the lawsuit is in the state of N.J.


Asked on 11/20/05, 6:13 pm

1 Answer from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: liability in marriage

Currently, the law in PA is that assets owned jointly by spouses cannot be sold to pay a judgment obtained against only 1 spouse. The law in NJ is different. In your case, it's not where the law suit is located, it's where the assets are located. So, as to assets held in PA, like real estate, bank accounts, etc, a judgment against your spouse will have no effect on assets owned by you individually or assets held jointly with her. Only assets held by her individually can be "attached." Presumably she has insurance to cover any judgment against her. If you believe that a judgment may be possible in excess of her policy limits, you should consult with a private attorney so her rights will be protected. Good luck!! Contact me if you need more information.

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Answered on 11/20/05, 11:05 pm


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