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If someone sues my husband, is my home protected?

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missamy

Junior Member
California,
Hi there I am not sure if this is the correct forum to ask this question however I was wondering, since my home title & loan are in my name only, and someone sues my husband, is "my" home off-limits?
I know there is community property however I thought that was a right within the marriage, in case of divorce, etc.
Any answers would be greatly appreciated!
Thank you
 


Litigation!

Senior Member
missamy said:
California,
Hi there I am not sure if this is the correct forum to ask this question however I was wondering, since my home title & loan are in my name only, and someone sues my husband, is "my" home off-limits?
I know there is community property however I thought that was a right within the marriage, in case of divorce, etc.
Any answers would be greatly appreciated!
Thank you


My response:

It depends. What is the debt, and what happened to incur the debt?

IAAL
 

missamy

Junior Member
It hasnt occured yet, but say for example, one of his employees went after him personally for one thing or another, could they go after the house even though he, on paper, does not own it.
 

Litigation!

Senior Member
missamy said:
It hasnt occured yet, but say for example, one of his employees went after him personally for one thing or another, could they go after the house even though he, on paper, does not own it.

My response:

Are you a "paper owner" of the business; e.g., do you own a "piece" of the business? Is the business incorporated?

IAAL
 

missamy

Junior Member
No, I am not on any of the paper, or bank accounts or anything with regard to the business. Thank you again!
 

Litigation!

Senior Member
missamy said:
No, I am not on any of the paper, or bank accounts or anything with regard to the business. Thank you again!


My response:

Alright, now answer the rest of my questions.

Then, tell me about the potential lawsuit. What are we talking about? Breach of Contract? Libel, Slander? Failure to pay wages? What?

IAAL
 

missamy

Junior Member
It is mostly hypothetical, but if he has an independent contractor, who after reading in depth about what qualifies as and independedent contractor, might really not qualify (sorry if I confused you), had a minor injury and decided to file a workers comp claim, even though he isnt insured through workers comp, I realize my husband may be/is liable for the situation but was concerned with the house issue since it is not in his name.
 

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