Q: Florida: recently married. New spouse owned property prior to marriage. If I am in a car accident and it’s my fault can
The injured party sue them and their property if owned prior to marriage?
A: If your spouse negligently entrusted you with the vehicle (if, for example there were no insurance), your spouse might be sued. If they were to recover a judgment, they could, in theory, levy upon your spouse's premarital property (as well as marital property).
A: I agree with Mr. Thorgaard (in the event you are talking about you driving a car that is in your spouse's name or a car that is in your names jointly) - and owning prior to the marriage is irrelevant. The ownership that is relevant is who owns what at the time of the accident. If you are talking about you driving a car that is solely in your name, with no theory of liability on your spouse's part, assets that in your spouse's name alone (at the time of the accident) would not be at risk. That doesn't mean it's impossible to file suit against your spouse. Anyone can file anything they want, naming anyone they want as defendants. The issue is whether a suit WOULD FLY and put assets at risk (if a money judgment is not paid). Also, if you are at risk of getting hit with a money judgment because you were at fault, you cannot, as a method of asset protection, legally transfer your assets to your spouse, as that would violate the law on fraudulent transfers. Bottom line: carry liability insurance, preferably with at least $100,000 in coverage.
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.