QUESTION
Am I liable if my husband had a serious auto accident?
Asked on Jul 16th, 2016 on Personal Injury - California
More details to this question:
I have been married for three years. My husband and I have a prenuptial agreement in which all of our assets are kept separate, and will, uno our deaths to our respective children. He is 84 and I am 80. I own my own home.
3 ANSWERS
Edwin K. Niles
If you are on title to the car, you would be responsible for an ?at fault? accident up to $15,000. That's why God made insurance.
Answered on Aug 11th, 2016 at 6:27 PM
1 Award
His insurance should cover the loss, but if he didn't have any, or the limits are not high enough, then the victim can recover from your husband's separate property and any community property. But the victim should not be able to reach your separate property unless you were somehow at fault for the accident.
Answered on Aug 10th, 2016 at 6:09 PM
If you worded the pre-nup. correctly, you would only be liable to the extent of community property. If you commingle private assets, they can be turned into community property. An attorney or someone very familiar with the property laws would have to look at the pre-nup to see if you are protected. The best protection, especially at your ages, is to have adequate auto insurance.
Answered on Aug 10th, 2016 at 6:09 PM