Q: Is property that my husband deeded to me as sole and separate property in danger if he is sued?
My husband is a contractor and may be sued. Several years ago he deeded me some of his property purchased before our marriage as my sole and separate property. I know our community assets are in danger if he loses but will my separate property also be in danger?
A: No, your separate property (if it's truly only in your name on the deed) cannot be reached if a judgment is entered against your husband. Only he can be liable for his actions/negligence, etc.
A:
Under California law, property that is designated as separate property is generally not subject to community property laws or community debts. If your husband deeded the property to you as your sole and separate property before any potential legal action against him, that property may be protected from any claims or judgments against him in a lawsuit.
However, it is important to note that there are certain circumstances in which separate property may be at risk in the event of a lawsuit or legal action against a spouse. For example, if your husband transferred the property to you with the intent to defraud or avoid creditors, a court may be able to set aside the transfer and include the property in any potential judgment against him.
Additionally, if you commingled the separate property with community property or used community funds to maintain or improve the separate property, a court may consider the property to be partially community property and subject to division in the event of a divorce or legal action.
If you are concerned about the potential impact of a lawsuit or legal action on your separate property, it may be helpful to consult with an experienced family law or estate planning attorney who can advise you on your legal options and help you protect your assets.
If you need legal assistance, contact my office. We offer a free consultation option for potential clients.
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