What is my position if my husband is found guilty of damage to people or property in a DUI/DWI accident?

UPDATED: Sep 30, 2022

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What is my position if my husband is found guilty of damage to people or property in a DUI/DWI accident?

Our funds and property are in both our names. If he incurs a large debt owing to a DUI/DWI accident are all our assets considered his and therefore available to settle the debt? In other words, could I lose everything due to his stupidity.

Asked on October 6, 2016 under Criminal Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The short answer to your question is, unfortunately, yes: any assets (e.g. a home, vehicle, bank account, brokerage account) jointly owned by or titled in the name of both of you is an asset which creditors--including judgment creditors, like someone suing due to being injured by DUI--can reach and use to satisfy amounts owed by your husband.

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