liability of spouse of drunk driver
My husband recently drove drunk and fortunately he did not harm anyone else or himself. He realizes the dangerous behavior he engaged in and he recently began a 12 Step program. However, I am worried that he COULD fall off the wagon and drive drunk again. If he should ever hurt/kill anyone, I realize we could lose most of our property in a wrongful death lawsuit. Is there anything I can do to protect our property or at least my half? Does he have to know if I do so ?(that is protect my half of our property/estate)
1 Answer from Attorneys
Re: liability of spouse of drunk driver
Make sure that you hold title to your real property(house and lot) by what's called tenancy by the entireties. (If necessary, go to the courthouse and the land records of the circuit court and examine the deed on file to ensure that it contains those "magic" words, i.e., tenants by the entireties.) Holding title in this manner protects one spouse from the enforcement of judgments by creditors which are
obtained against the other.
If for whatever reason you are unable to determine exactly how you hold title to the property with your husband, then arrange to consult with a lawyer regarding the matter.
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