Tallahassee, FL asked in Personal Injury, Car Accidents and Insurance Defense for Florida

Q: Can my assets be brought into a previous lawsuit if we get married?

My fiancee was involved in a car accident while he was on his parents policy. One person did not settle and is now sueing. Can my assets be brought into the lawsuit once we get married in November 2020?

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: A party's assets are not an issue in such a lawsuit unless and until a money judgment is entered against the party, and then it's an issue only if there is no or too little insurance coverage to protect the party - for example, if a judgment for $50K is entered against the defendant, who had only $10K in liability coverage. Most personal injury cases end up getting settled WITHOUT a money judgment being entered, and it is only in the rare circumstance of a financially well-off defendant who was dumb enough to have too little coverage that the attorney for the plaintiff might be interested in taking a look at going after the defendant's assets and/or wages (if a judgment isn't paid).

Is your fiancee in a situation where he may not have enough liability coverage? If so, and you are not a party to the suit, your own assets kept in your name ALONE are not at risk. Theoretically, even if you were to put your money into a joint account with his, it should not be at risk, but it could lead to legal headaches and expenses if a judgment holder who isn't paid attempts to go after a joint account. The judgment holder could claim transferring his assets to a joint account with you (or simply to you) is a fraudulent transfer.

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