Would a legal separation protect me from my alcoholic husband still driving?

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Would a legal separation protect me from my alcoholic husband still driving?

Asked on November 1, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

Yes.  Either divorce or legal separation would prevent you from being liable for further community obligations.  As of right now, if your husband were to harm someone while driving under the influence--all of your community property would be subject to a claim against him. 

Under Family Code 910, the community is liable for all debts prior to separation.  This concept of "debts" includes liabilities for torts--like wrongful death or negligence.

Either legally separating or divorcing may help protect you from such liabilities.

Best of luck.

 


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