Legal Question in Civil Litigation in Virginia

Wife at risk of loosing house in civil suit

Can the wife be sued by the victim and loose personal property etc., if husband is found guilty of an serious personal injury?


Asked on 5/10/01, 2:53 pm

3 Answers from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: Wife at risk of loosing house in civil suit

If the real estate is held as tenants by the entirety (magic words that have to appear in your deed), no creditor can even put a lien against HIS interest in the house unless the judgment is against BOTH spouses.

Read more
Answered on 6/23/01, 6:45 pm
Daniel Press Chung & Press, P.C.

Re: Wife at risk of loosing house in civil suit

Generally not unless she was at fault or he was acting as her agent, but without more details it is impossible to say for sure.

Read more
Answered on 6/21/01, 7:43 pm
Daniel Hawes Hawes & Associates

Re: Wife at risk of loosing house in civil suit

Your question is pretty vague, from an attorney's point of view, and you're obviously not using legal jargon the way a lawyer would. Which is all perfectly normal, but there are so many important facts left out that would be important in a legal determination, that Mr. Press simply observed that it's really not possible to give you any advice. Mr. Tankersley pointed out that there can be no civil liability with respect to the house if the deed says it's owned as "tenants by the entireties", if the wife is not also being sued as a result of her own personal contribution to the same personal injury.

I agree with both of them. What worries me is that you don't have a lawyer. Who defended the husband in the personal injury trial? If he defended himself, it's a little late to worry about the house, isn't it? I strongly suggest you find an attorney now to go over these matters in detail, so that you'll know what options you still have.

Read more
Answered on 6/25/01, 11:53 am


Related Questions & Answers

More General Civil Litigation questions and answers in Virginia