How do I protect properties and myself if my alcoholic housemate hurts someone?

Question

We own a home and a car together. Her name is in my car insurance. I fear that she is an alcoholic and eventually something is bound to happen. Will I be responsible and if sued I could lose the house? She is married. She is my ex-girlfriend. We were never legally domestic partners. The car issue could be resolved by me taking the car and her out of my insurance and tell her to get her own.

Jeffrey Lapin · Answer

The answer to your question, "How do I protect properties and myself if my alcoholic housemate hurts someone?" is to not co-own anything with her, including the house and car. In addition, have her obtain her own car insurance.  If your ex-girlfriend does cause a car accident while driving drunk, you would only be liable if you, yourself, were negligent. You might be negligent if you had her run an errand for you when you knew she was drunk. Otherwise, if you are not negligent, you likely would not be responsible for any damages she causes. However, if she causes damages in excess of the insurance coverage, the person she harms can, assume they obtain a judgment and follow legal procedure, attempt to seize the vehicle and house and have them sold to satisfy the judgment. If you co-own these with her, you would then likely lose them when they were sold. You would still get some money from the sale, in proportion to your ownership interest, but you could lose the house or vehicle.

Mark Smith · Answer

Get rid of her and reregister the car.

Dennis P. Mikko · Answer

If you are a joint owner with her, you could be liable for her actions.  If this is her car, you should have her put it in her name alone and obtain her own insurance on it.  As for the house, your best defense is a good policy of insurance.

Jared Altman · Answer

Yes. Don't share anything with her.

James Osak · Answer

GET YOUR NAME OFF OF EVERYTHING YOU SHARE WITH THIS ONE.

Lisa Hurtado McDonnell · Answer

as long as you have join ownership you have joint liability.

Robert Lucky · Answer

If you fear that she could hurt someone due to her addiction, then I would definitely recommend that you cut ties from her regarding the vehicle and the insurance just out of sheer safety. Technically, you would not be the one sued if she hurt someone while behind the wheel. However, if she owns a home with you, then someone may try to come after her portion of the home or at least place a lien on the home which could affect future attempts to sell the home.

Melvin Franke · Answer

Yes, you could be charged with negligent entrustment.  Do not let her drive your car.

Thomas Edward Gates · Answer

Yes, take her off your insurance as an authorized driver.  You need to buy her share of the real property and have her sign a Quitclaim Deed.

Michael Heilmann · Answer

Anything you jointly own is at risk. Get this person's name off the property and do not allow that person to use your car.

Gregory Casale · Answer

I would recommend that you hire an attorney to assist you with estate planning. It is more complicated than a simple answer will provide. Essentially you want to separate yourself from her as far as ownership of assets and liabilities. You are wise to think about this now before it is too late. I would redeed the house so that you each own separate halves and then protect your half. Or, one of you could try to buy the other out. Before anyone could advise you on what to do, they would need to know the current status of the assets you now own. For example, if the house owned by tenants in common or are there rights of survivorship? Do you own insurance? Many issues need to be addressed.

David Stoddard · Answer

If she is paying for the car, and you did not provide her with the car, there is probably no way for you to be held responsible for her negligent driving, regardless of whose name it is in.  If you provided her with this car, you could be held liable for negligent entrustment of a vehicle, but this is a hard case to make out (One would almost have to show that you gave her the keys to your car, knowing she was drunk).  Who insures the car is not so important as who pays for the car.

John Brennan · Answer

You need to unwind the relationship and not allow her to drive the car. Get it either out of her, or your name.  Get separate insurance policies.  Split the real property.  She is a liability waiting to happen and there are clear avenues, under your current circumstances, to attack your assets for the damage she causes.

Ronald A. Steinberg · Answer

If you are a co-owner of the car, then you are also liable.  You need to get the car back and get her name off the title.  You need to take away her keys.  You need to either sell your share of the house to her or buy her share.  You need her out of your life.  As she destroys herself, she is going to take you down with her.

Bernard Huff · Answer

You should consult with a social worker and insist that your housemate seek treatment for her alcoholic problem. If she refuses, have the title to the real estate put in your name only.

James Kelaher · Answer

Your insurance will probably cover most of the exposure you may have from an accident, but the first thing you need to do is get your name off of the title of any car she drives. In Florida, we have a law called dangerous instrumentality that makes the owner of a car just as responsible as the driver of that car if the driver has the permission of the owner to drive it. If she causes an accident while she is under the influence, that will subject both of you to punitive damages, which will not be covered by your insurance. Ordinarily, only the driver will be held liable for punitive damages, but if you have knowledge of her propensities to drive while she is under the influence, then you can be held liable as well. If you want to keep the car, then you don't have to get her name off the title, but you must refuse to let her use it.

Andrew Velonis · Answer

Since you are co-owner of the car, you can be held equally responsible for injury she causes while using it.  If the insurance limit is not enough to cover the damages, then you can be held personally liable and your assets can be attached.

Paul Whitfield · Answer

I don't understand the relationship you have, but the only way to be safe is to not have anything owned jointly with her. House, car, insurance and whatever. You are asking for trouble if you do.

Leonard Schwartz · Answer

Until you get her name off the house it is at risk. They cannot take away your share. Get her off your insurance and take back the car.

Timothy Klisz · Answer

Yes. You will be destroyed if something happens. Get that taken care of immediately.

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How do I protect properties and myself if my alcoholic housemate hurts someone?

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