Am I liable for my spouse’s legal judgements?
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Am I liable for my spouse’s legal judgements?
My spouse is a sole proprietor in a business with a fair amount of legal risk.
He has been a party to law suits, but so far not the subject of any legal
judgements he had to pay. If that day ever does come – how liable am I
personally as his spouse? I own a rental property that I had prior to the
marriage. I am concerned about protecting my assets.
Asked on March 14, 2018 under Family Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are not personally liable. Anything owned by your pre-marriage is not at risk, so long as you never added him to the title. However, your spouse's share or portion of marital or joint assets can be reached by creditors. So if you and he jointly own your residence, a lien could be put on it; the money he contributed to a joint bank account could be levied on; his income could be garnished; etc.
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