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    Deblola2's Avatar
    Deblola2 Posts: 4, Reputation: 1
    New Member
     
    #1

    Jan 25, 2013, 05:12 AM
    Joint assets
    I am the home owner and am being sued for an accident at my neighbors that I do not have insurance for. My husband is not on the deed or on the demand letter from the attorney. If this lawsuit is won, will the court also take my husbands assets? The accident involved our pet and we reside in Fl.
    Thank you.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #2

    Jan 25, 2013, 06:00 AM
    This is a civil case - the court awards a dollar amount, not assets. So it doesn't matter if both your names are on the letter or not, or where assets are hidden. You don't say how much the demand is for, but if it's a lot, either hire a lawyer or settle before it goes to court, by refinancing or selling your home. You might even be able to negotiate an amount if you do it sooner rather than later. A $300/hr lawyer preparing and going to court for say 20 hours adds a lot of money to the bill, and guess who pays that, indirectly?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 25, 2013, 05:48 PM
    If the accident involved "our" pet, once their lawyers find out that he owned it too, don't be surprised if your husband is sued too. If the court finds one of you liable and enters a judgment to that effect, they would be able to levy upon the assets of whichever one of you, or both, who is a judgment debtor.

    If they only obtain judgment against you, no they would not be able to seize his separate property. On the other hand, if they only obtain judgment against him, they could not take your property.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 26, 2013, 09:48 AM
    I'm an investigator in NY - what kind of "dog accident?"

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