QUESTION

Can they go after our house if sued and my wife and I are divorced but I still live in the house?

Asked on Sep 12th, 2015 on Automobile Accidents - Wisconsin
More details to this question:
My ex-wife learned from her auto insurance that a lady she had an accident with is claiming injuries. They could exceed her insurance coverage. My ex-wife lives in an apartment, but I live in the house with two kids. We planned to sell the house and split the proceeds, but would that expose that money to a lawsuit? Can they go after me?
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1 ANSWER

In most states the claimant could not proceed against you personally. Regardless, in most places a judgment (which the alleged victim has not come close to obtaining yet) creates a lien on any real estate the defendant may own or acquire in a certain number of succeeding years. So...if your wife's name is on the recorded title, the 'victim' could get a lien against her interest in the property and if she were very highly motivated perhaps even against such interest as she had in the property as of the time of the accident. Also, if you live in a community (or 'marital') property state, and the accident occurred while you were still married, it is possibility, but only that, that the victim could try to implead you into any case she may bring. First things first: Consult an experienced personal injury lawyer who is versed in the divorce laws of your state. It's almost always worth it.
Answered on Sep 22nd, 2015 at 12:51 PM

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