Legal Question in Criminal Law in Minnesota

Liability

Am I liable for any fines for a gross demeaner that are imposed on my spouse?


Asked on 6/05/08, 10:23 am

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Liability

No. Criminal fines are the obligation of the person who waas charged.

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Answered on 6/05/08, 11:50 am
John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: Liability

Thank you for your question.

I have been asked this same question on many occasions. The short answer is no, you are not liable for your spouse's fines. The longer answer is that, if the fines are not paid, you could end up bearing responsibility if you have joint assets, although that would be unusual.

Many fines, even for parking tickets, are now referred out for collection, and will be reduced to judgment if not paid. If you own a home together, and want to sell or refinance the home, judgments against either of you will usually show up in a title search and will have to be paid before the home is sold or refinanced. Now it is true that homesteads are exempt from most judgments (unless the judgment is for services provided to the house, for example), but the practical reality is that many title examiners will require the judgment to be paid if you want to sell or refinance -- regardless of the homestead exemption.

Other than collection action that can be taken against joint property, which only incidentally requires you to pay, you have no direct liability for her fines.

If you require help with this, please give a call.

Good luck.

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Answered on 6/05/08, 11:56 am


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