If my husband is a truck driver and he was in an accident so both he and his company are getting sued, can they take our house if it is only in my name?

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If my husband is a truck driver and he was in an accident so both he and his company are getting sued, can they take our house if it is only in my name?

Asked on January 7, 2016 under Bankruptcy Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

 As a general rule, separate property remains separate in a situation such as this. This is so long as the house is in your name only and has been. In other words, you cannot just have put in into your name for the purposes of defeating the claims of any potential creditor of your husband. If so, then it should remain out of their reach. At this point, you may want to consult directly with a local attorney. They can best advise you further.


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