My husband is 64, retired and an alcoholic. I would like to know if my home is deeded over to me alone will it be protected ...
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Answer:
I suggest you contact the local Al-anon chapter. Generally, a married person is not liable for any injury or damages caused to another by his or her spouse. The one exception, however, is a case where that married person would be liable regardless of the marriage.
A person injured in an accident is treated no differently than any other creditor. If only one spouse is found liable to the injured person, then the injured person must seek recovery from property held by the debtor spouse individually or be limited to that spouse's right of survivorship in property held as tenants by the entirety.
Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse, such as a bank account in both their names. If your spouse agrees to pay off a joint credit card debt but does not, the bank may successfully sue you for that debt. However, state laws vary about which marriage partner is responsible for certain debts, depending upon when the debt was incurred, the identity of the debtor, or the purpose of the debt.