Legal Question in Personal Injury in Virginia
car wreck no insurance
My father was in a car wreck where he was at fault and he had no insurance. Can he be sued for his 16 acres of land he and my mother both own? She was on the car register and expired insurance policy. just wondering if they could take the land since it was in both of their names?
2 Answers from Attorneys
Re: car wreck no insurance
No, not if your father holds title to the land with
your mother as "tenants by the entireties" and your mother has no responsibility for the accident.
Re: car wreck no insurance
Michael Hendrickson is right, but let me add that if your parents divorce or your mother pre-deceases your father, any judgment lien as to just your father will then attach to the land. If a significant judgment is entered that he can't pay, he may want to consider bankruptcy to protect these assets.
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