If my husband got an aggravated DUI resulting in a fatality and he victim’s wife is now suing but my husband is currently incarcerated, can she come after me?

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If my husband got an aggravated DUI resulting in a fatality and he victim’s wife is now suing but my husband is currently incarcerated, can she come after me?

If we got divorced could they still come after me if we were married at the time?

Asked on April 17, 2012 under Personal Injury, Illinois

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

Only the person who caused the accident is legally responsible.

However, at the time of judgment collection, she will look at the assets of the community and go after joint assets. If you are divorced, and don't own any assets with him, then she can not go after your assets.

If the lawsuit is already filed, and you try to move assets or get a divorce, she will try to prove that you are engaging in fraudulent transfer to save assets from judgment. I suggest you meet with an attorney in person and get proper consultation.


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