If my husband and I are separated and he has an accident while drinking and driving, am I responsible?
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If my husband and I are separated and he has an accident while drinking and driving, am I responsible?
My husband has a drinking problem he refuses to admit, he has on several occasions driven after drinking 3-4 beers. I am afraid that even though I am separated from him I can still be held responsible if something happens and there is a civil suit. Also, the car he drives is in my daughter’s name will she be held responsible for anything?
Asked on July 27, 2012 under Criminal Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unless you file in the county court house a petition for legal separation form your spouse there is the possibility that your share of the community assets could be held responsible for any damages your spouse causes while drinking and driving.
As such, you should consult with a family law attorney about the filing of a petition for legal separation.
As to liability of your daughter is your spouse causes an accident while driving the daughter's car, she can be held liable depending upon the circumstances for negligent entrustment of her vehicle to your husband.
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