QUESTION
Can we lose our home if my father gets sued for personal injury?
Asked on Aug 25th, 2011 on Personal Injury - California
More details to this question:
My father cosigned for my husbands and my home. He has recently been in a car accident in a company van. They are suing the company but if they sue him, could they try to take our house even though he owns 1/3 of it?
12 ANSWERS
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
No.
Answered on Jun 09th, 2013 at 8:03 PM
Alternate Dispute Resolution Attorney serving Edmond, OK
at
Woska Law Firm, PLLC
Update Your Profile
You need to consult first with a contingent fee attorney experienced in auto accidents and the likely scenarios to evolve. You normally do not go from a van accident to being kicked onto the streets because of bankruptcy courts and each state has exemption statutes. The exemption statutes normally protect the family home but make sure you have claimed the homestead exemption evidencing primary residence status.
Answered on Sep 01st, 2011 at 9:17 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Theoretically possible, but unlikely to actually happen: The claimant's lawyers are interested in insurance company money.If there isn't enough coverage, they could go after your father personally but it would probably not be worth their effort to do so. Also: are you sure he owns 1/3 of your home? He might only have signed as a guarantor on the loan and he doesn't have to be on the deed to do that.
Answered on Aug 29th, 2011 at 12:56 PM
New User
His employers insurance will most likely handle the claim without threat to your house. It is possible that his interest, if any, in your house could be at risk, but this seems unlikely. First, there is the company's insurance, then your dad's insurance, then the company's assets before anyone will look at what you own.
Answered on Aug 29th, 2011 at 12:32 PM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
3 Awards
No they can not take your house if your father gets sued for an injury he caused. His insurance company will be responsible for paying up to it's limits. It has a duty to protect him and to try to get him released from all claims by offering to pay up to the limits. If the claim is worth more than his insurance coverage then they can try to collect from his assets but they will not be able to take your home.
Answered on Aug 29th, 2011 at 12:17 PM
Wait until your father is sued and seek advice from his attorney regarding your father's interst in your home.
Answered on Aug 29th, 2011 at 11:44 AM
Contract Negotiations Attorney serving Miami Lakes, FL
at
Florido & Associates, P.A.
Update Your Profile
If you appear on the Warranty Deed, under Florida Law you will not lose you home under the facts described.
Answered on Aug 29th, 2011 at 10:54 AM
Medical Malpractice Attorney serving St. Louis, MO
at
Burger Law LLC
Update Your Profile
Nope won't happen. Can't take your house. Will only go after company insurance.
Answered on Aug 29th, 2011 at 10:48 AM
2 Awards
Your father should be covered by his employer's insurance company and if not, by his own automobile insurance company, if he has any. If he does not have his own auto insurance policy, then yes, if somebody sues him and gets a verdict against him personally, they could conceivably ask for a judgment and liens on any property he owns or has an ownership interest in. However, such would be secondary to any other ownership share in the property (such as yours).
Answered on Aug 29th, 2011 at 8:43 AM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
If the vehicle is insured, they will only look to that for collection.
Answered on Aug 29th, 2011 at 8:23 AM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
They could try but most won't bother as should be car insurance to cover everything. Will have tough time taking house as you likely have homestead exemption. Worse case is they could put lien on house but it is not likely.
Answered on Aug 29th, 2011 at 6:48 AM
Real Estate Litigation Attorney serving Newport Beach, CA
at
Fink & Abraham LLP
Update Your Profile
No. You will not lose your home because of his accident. Company is insured and is required to defend and indemnify him for the accident.
Answered on Aug 29th, 2011 at 5:53 AM