Malden, MA asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Massachusetts

Q: Can you physically acquire a criminal's property if they filed jointly with someone who has no criminal record?

For example, if your wife killed someone by driving under the influence of drugs and alcohol, and they are currently in the system for future sentencing. Can a civil attorney of the victim's family take her mortgage or the estate's value if she filed jointly with her husband who committed no crime, and can the victim's family claim it as their own for all the trouble she caused? Or no, because she filed jointly with someone who is not being prosecuted.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Massachusetts attorney could advise best, but your question remains open for three weeks. This is something that would require more thorough analysis than solely looking at tax filing status (you mention filing jointly). Attorneys would look at ownership of the property and assets, not only tax returns. Good luck

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