Q: Wife rear ended someone. She has no assets or job. Is our home safe if we bought it together after our marriage?
We where advised by insurance company that a lawyer might be needed as the person she hit got an attorney. We thought full coverage also had liability for the injured party but we where wrong and we didn't have that coverage. If she is sued, can out home be taken away? She has no job, no bank account, no car. Just the house. We purchased the house together and both of our names are on the deed at the time of purchase. We where already married prior to the purchase. Are we covered by tenancy of the entirety? I was not involved in the crash.
A: OK first of all, if your wife had no liability insurance on her vehicle, the chances that an attorney would pursue this claim against her are almost 0%. Secondly, even if an attorney did pursue this claim, and your only asset is a joint home titled in your names together, that asset cannot be levied on by any judgment against your wife in her name alone. Thirdly, even if your wife was titled on the house in her individual name alone, most homes have Homestead protection if that is her permanent residence in the state of Florida. So I don’t think there really is anything to worry about here. But as a cautionary note, you should retain counsel to review all the circumstances involved in this case to get the best advice.
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