Can they go after husband’s assets?

I was involved in a minor car accident almost 3
years ago. I got married 10 months ago. I had
a deposition today and they asked me about
my husband’s assets he owns two homes that
are only under his name. We live in California.
Can they go after his assets if the incident
occurred before our marriage?

Asked on July 18, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Legally, they can only go after your assets and your share of joint or marital assets. If the homes predate marriage, they would not be joint assets (unless possibly they can show that your money was invested in them; if you money was used to purchase them, that gives you an interest in them, which interest creditors can reach). But if the homes were bought post-marriage, they are marital assets absent special circumstances (e.g. he--and not you--inherited them from a relative) and so they can reach your share or interest therein.


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