Legal Question in Personal Injury in Virginia

can they sue me for my husband's wrongdoing?

My husband had a fight w/ a friend and his friend was badly injured. That guy will sue my husband for medical expenses as well as pain and suffering. He's going to sue for a large amount of money. But the thing is all of our properties are in my name so my husband doesn't own anything by law. Can the court order me to pay for him b/c i'm a spouse? or can that guy sue me instead of my husband b/c all the assets are in my name? Please help!


Asked on 9/09/05, 10:58 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: can they sue me for my husband's wrongdoing?

They can't sue you, and your property is not his and can't be attached to collect - unless there are facts you did not state (such as, I'm assuming you were not involved in the fight, and that the assets were yours before this happened, and you can prove it)

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Answered on 9/10/05, 12:32 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: can they sue me for my husband's wrongdoing?

The aggrieved one cannot bring suit against you

but only your husband for this assault and battery and his injuries resulting therefrom.

However, assuming that this presumed plaintiff is successful in obtaining a civil judgment against your husband for his claimed damages, he may succeed in enforcing that judgment only against whatever assets whose ownership may be attributed to your husband and which are in his own name or severable(legally in title) from his spouse(you).

If you and your husband hold title to your home by the entireties, your husband's judgment creditor would not be able to effect enforcement of his judgment through a sale of your home since

you were not responsible for his damages and no part of the judgment would be chargeable against you, and, therefore, the state has decided to afford you legal protection as an "innocent spouse" of sorts in this particular kind of circumstance. Your home cannot be sold to pay for your husband's wrongdoing, provided you jointly hold title by the entireties.

Nevertheless, there might be other jointly held marital assets(not held by the entireties) which a determined enforcer might succeed in prying loose from the marital shield. And, therefore, if such aforementioned judgment is obtained against your husband, you may wish to arrange a consultation with an attorney appropriately knowledgeable in this area of the law in order to determine what your exposure might be and what steps might be taken in order to minimize such exposure.

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Answered on 9/10/05, 12:34 am


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