Saturday, August 21, 2010

Can joint assets in a marriage be considered if there is personal liability?

I'm trying to determine how much liability I need for car insurance. A friend said that if the car is registered solely to me and I am in an accident, that they cannot sue for my house because my husband owns it with me and he was not involved in the accident. This will tell me how my liability limits need to be to protect the house.Can joint assets in a marriage be considered if there is personal liability?
This answer is different state to state. In a community property state, you could be sued for joint assets. However, many states have ';homestead exemptions'; which preclude someone from being able to take the home you live in.





I'm going to take this to a different asset since houses are complicated: let's say you have 3 boats - one in his name, one in yours, and one in both names. In a community property state, all three can be ';touched'; by the lawsuit. That's because everything you own, you own together. In a non-community property state, it depends on the statutes. They can always get yours, and may be able to get the one in both names, but probably can't get his.





I hope this answers your question and makes sense.

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