Can they go after husband’s assets?

UPDATED: Sep 30, 2022

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Can they go after husband’s assets?

I was involved in a minor car accident almost 3
years ago. I got married 10 months ago. I had
a deposition today and they asked me about
my husband’s assets he owns two homes that
are only under his name. We live in California.
Can they go after his assets if the incident
occurred before our marriage?

Asked on July 18, 2017 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, they can only go after your assets and your share of joint or marital assets. If the homes predate marriage, they would not be joint assets (unless possibly they can show that your money was invested in them; if you money was used to purchase them, that gives you an interest in them, which interest creditors can reach). But if the homes were bought post-marriage, they are marital assets absent special circumstances (e.g. he--and not you--inherited them from a relative) and so they can reach your share or interest therein.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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