Can a spouse be sued or risk losing the home if the other spouse is arrested for a DUI/DWI and injures or kills someone else in an accident?

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Can a spouse be sued or risk losing the home if the other spouse is arrested for a DUI/DWI and injures or kills someone else in an accident?

Asked on December 1, 2010 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the injuries of the parties that are  hit y the spouse exceed (go over) the coverage limits of the insurance policy then the injured party or the parties Representative in the case of a death, can go against the assets of the individual that cause the injuries.  So if you own the home jointly then yes, they can try and take the home in an excess judgement against the driver. If you are the owner of the vehicle as well then yes, you can be sued too.  Owners are "vicariously liable" for the actions of drivers in New York.  If you are in this predicament I urge you to seek consultation from an attorney in your area as soon as you possibly can.   


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