Is propertythat Iowned before marriage at risk if my husband has an accident driving my car or his truck?

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Is propertythat Iowned before marriage at risk if my husband has an accident driving my car or his truck?

He has no license due to 2 DWI’s.

Asked on March 18, 2011 under Criminal Law, Vermont

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you owned a home prior to your marriage and the title is still in your name, most statutory law and case law make your liability ultimately dependant on whether or not your husband has been helping with upkeep on that home you own, whether or not you changed title on the home to include your husband as a joint owner or tenant in common, whether or not you have made improvements to the home using monies earned during marriage, whether or not any income from the home was commingled with your marital assets and whether or not that property is listed on your joint return. If your husband has an accident, your separate property (if the above are true) would be most certainly at risk and in fact, your separate property could most certainly be listed in a motion to place a lien against if a savvy lawyer indeed can trace paperwork and figure out how to convince a court this was your separate property but since the marriage, the property can be somehow described now as a marital asset. The fact he has no license may indeed be sufficient to at least potentially bring you in as a respondent in a lawsuit or even worse. Talk to a lawyer about how to protect your separate assets and your other assets and see if help can be given him so he realizes he cannot continue to drive. Driving without a license (absent any accidents or DUIS) is a serious offense if he gets caught; even worse if he does indeed cause an accident. Much luck to you and remember, consulting with a lawyer may at least help you decide if in your state you can seek protection of your separate assets to at least ease your mind.


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