If my husband and I are separated and he has an accident while drinking and driving, am I responsible?

My husband has a drinking problem he refuses to admit, he has on several occasions driven after drinking 3-4 beers. I am afraid that even though I am separated from him I can still be held responsible if something happens and there is a civil suit. Also, the car he drives is in my daughter’s name will she be held responsible for anything?

Asked on July 27, 2012 under Criminal Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you file in the county court house a petition for legal separation form your spouse there is the possibility that your share of the community assets could be held responsible for any damages your spouse causes while drinking and driving.

As such, you should consult with a family law attorney about the filing of a petition for legal separation.

As to liability of your daughter is your spouse causes an accident while driving the daughter's car, she can be held liable depending upon the circumstances for negligent entrustment of her vehicle to your husband.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.