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

UPDATED: Dec 15, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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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