If my future husband is being sued for an auto accident, can they come after my money after we are married?

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If my future husband is being sued for an auto accident, can they come after my money after we are married?

This happened before we even knew each other. If the case against him is successful, can they take my savings or garnish my salary?

Asked on December 15, 2011 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a judgment against your husband stemming from an automobile accident, there is a possibility depending upon the state that you live in that one half of your marital property acquired during the period you are married could be subject to a levy or garnishment.

Your personal property would be exempt. I suggest that you consult with an attorney that practices law in the area of debt collection defense. Assuming your husband is being represented by an attorney on the defense of the automobile accident, I recommend that you also discuss the lawsuit with him as well as any issues of insurance.


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