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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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With my husband being sued, am I responsible for his debt

Resolved Question:

if I own property by myself can they come after me?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
1) What is your husband being sued for?

2) Was this his sole debt?

3) When was your property acquired?

4) What state do you live in ?

Customer: replied 9 years ago.
We live in Tennessee and he was involved in a car accident and the guy he hit got hurt (so he say's) and is now sueing my husband for $700,000. We own rental property together, if the property was in just my name can they come after me? We have owned these properties for 5+ years
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your question and clarification.

1) You are not responsible for the judgment that maybe entered against your husband as that is his sole obligation not yours.

2) Now, property that you own together can be reached only to the extent of his interest (typically his half interest of marital property).

3) Any marital property that is discovered to have been transferred over to the other spouse can be construed as hiding assets and can be seized. You cannot transfer property in order to protect it from a judgment being research. The other party can hire a tracing company to research to see what property has been transferred over to make a claim that you are hiding assets. Since this lawsuit is already underway you cannot hid assets in order to protect it from being reached.

4) If a judgment is entered against your husband, he can petition the court to make his property exempt from being collected. Each state allows for exemption of a certain property and certain dollar amount and this is something he could research at the law library.

Bottomline: you cannot hide assets in order to avoid enforcement of judgment.

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