My fiance is being sued for an accident involving her son, he was driving her car if she loses the case am I also liable when I marry her? 19 Answers as of February 04, 2013

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
No, unless it was your car.
Answer Applies to: Michigan
Replied: 2/4/2013
Multnomah Legal LLC
Multnomah Legal LLC | Jeffrey K. Traylor
I don't believe you will be liable for something that she did prior to the marriage.
Answer Applies to: Oregon
Replied: 1/31/2013
Wayne J. Wimer, Inc. P.S.
Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
Based upon the facts stated, you have no liability or responsibility for your fiance's accident. To be on the safe side if she does get sued and a judgment is entered against her, don't set up joint bank accounts with her if there is an unpaid judgment against her.
Answer Applies to: Washington
Replied: 1/29/2013
Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
If your fiancee has a judgment entered against her prior to your marriage, you are not responsible for paying the judgment, but any enforcement of judgment efforts could involve seeking money that you earned but that is considered community property (anything earned by the work efforts of one spouse while married). If you keep your assets totally separate before and during marriage, you can protect yours from execution, but you need to do it right to succeed. Hope this helps. Good luck.
Answer Applies to: California
Replied: 1/26/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
You should talk with a lawyer who specializes in family law. Classification of debt and property is something that is sometimes difficult to determine.
Answer Applies to: California
Replied: 1/24/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    No worry for you. I assume there is no insurance. If there is tell the insurance co and forget about it. that is what they do. That is what they are for.
    Answer Applies to: North Carolina
    Replied: 1/24/2013
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    No, you should not be liable once you marry her as the accident occurred prior to the accident. This answer presumes that you are not the father of the child.
    Answer Applies to: Louisiana
    Replied: 1/23/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    No. Under the "Family Purpose Doctrine" as codified in NRS 41.440, Nevada law imposes vicarious liability upon a vehicle owner for a family member's negligence while driving. You were not the vehicle owner at the time of the accident. However, you should be aware that if your wife is sued and a Judgment is entered against her, any of your wife's community property could be subject to execution.
    Answer Applies to: Nevada
    Replied: 1/23/2013
    Gates' Law, PLLC | Thomas E. Gates
    No, the judgment will only be her responsibility.
    Answer Applies to: Washington
    Replied: 1/23/2013
    Goldbach Law Group
    Goldbach Law Group | Marc Aaron Goldbach
    No you will not be liable.
    Answer Applies to: California
    Replied: 1/23/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    No. If she has insurance on her car, she should turn it over to her insurance company to defend her.
    Answer Applies to: Florida
    Replied: 1/23/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You are not liable for an accident if you are not the owner of the car or driver. It doesn't matter if you are married or even the parent.
    Answer Applies to: Connecticut
    Replied: 1/23/2013
    Graves Law Firm
    Graves Law Firm | Steve Graves
    No, but if for instance you should have a joint bank account with her and there's a judgment outstanding against her, the account can be garnished.
    Answer Applies to: Texas
    Replied: 1/23/2013
    Mike Lewis Attorneys | Mike Lewis
    No, not under the facts you describe.
    Answer Applies to: North Carolina
    Replied: 1/23/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    No, you are not.
    Answer Applies to: New York
    Replied: 1/23/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Your fiance can be sued for anything and for any reason but she would only be liable if she negligently entrusted her car to her son. Her car insurance should cover the injuries and damages up to the extent of the policy limits. You would have no liability whatsoever for her son's wreck unless there are circumstances which you are not describing that could make you possibly liable. I have to presume, though, from the fact you are not being sued, that no such circumstances exist.
    Answer Applies to: Alabama
    Replied: 1/23/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    This is probably not.
    Answer Applies to: Idaho
    Replied: 1/23/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    No. If you are not a named defendant in the lawsuit, you would have no personal liability to the plaintiff and by simply marrying an at-fault party would not subject your personal assets to execution of a judgment against your fiance unless you live in a community property state whereby you obtain an ownership interest in all of your fiance's assets and vice versa on the date of your marriage.
    Answer Applies to: Ohio
    Replied: 1/23/2013
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