Am I liable for my spouse’s legal judgements?

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Am I liable for my spouse’s legal judgements?

My spouse is a sole proprietor in a business with a fair amount of legal risk.
He has been a party to law suits, but so far not the subject of any legal
judgements he had to pay. If that day ever does come – how liable am I
personally as his spouse? I own a rental property that I had prior to the
marriage. I am concerned about protecting my assets.

Asked on March 14, 2018 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are not personally liable. Anything owned by your pre-marriage is not at risk, so long as you never added him to the title. However, your spouse's share or portion of marital or joint assets can be reached by creditors. So if you  and he jointly own your residence, a lien could be put on it; the money he contributed to a joint bank account could be levied on; his income could be garnished; etc.


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.

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