Legal Question in Personal Injury in Virginia

Spousal Liability?

My husband is being sued for an automobile accident in VA. I'm 90% sure our insurance company will end up settling the suit under our liability limit, but if they don't, what is my liability? Our only real asset is our condo (in DC), which I own jointly with my parents and purchased before we were married (his name is not on the deed). Could our condo be seized as an asset in this case?


Asked on 2/18/09, 12:51 pm

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Spousal Liability?

"COULD" your condo be seized? Sure. If you do not handle it correctly, do not have legal help, or have bad legal help.

SHOULD your condo be seized? No.

It is your personal property.

Virginia provides the concept of marital property, but recognizes separately-owned property from before the marriage.

It is possible to transform personal property into marital property such as by inter-mingling finances, having both spouses paying for the upkeep / mortgage for the separate property. But that would be hard with your parents also on the deed.

Possible? Yes. But if you handle things correctly, hopefully with a lawyer (IF it comes to that, if someone is trying to attach the condo), then it should not be a problem.

NOTE: Also explore (if it comes to that) whether your homeowners policy on the condo might provide some protection, possibly even legal help in defending against the loss of the condo.

Make sure you do not have any reporting requirements under your homeowners insurance on the condo in DC, to report a lawsuit (although technically you are not a defendant).

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Answered on 2/20/09, 12:14 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Spousal Liability?

Since you are not a defendant in this lawsuit nor, apparently, in any way responsible for this unfortunate accident, there is no way that any of your property (including your condo) could be attached or seized in order to satisfy any judgment which the plaintiff(s) might obtain in their case against your husband.

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Answered on 2/19/09, 12:30 am


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