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Legal Liability with separation

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veteranhelp

Junior Member
What is the name of your state?CA
If you file for legal separation if one partner is involved in car accident, legal disturbance, harms another person can you be held legally, financially responsible? I am concerned about an alcoholic partner who, if involved in a car accident harming another, could they take everything I have? Am I responsible in a situation with Legal Separation?
 


I AM ALWAYS LIABLE

Senior Member
veteranhelp said:
What is the name of your state?CA
If you file for legal separation if one partner is involved in car accident, legal disturbance, harms another person can you be held legally, financially responsible? I am concerned about an alcoholic partner who, if involved in a car accident harming another, could they take everything I have? Am I responsible in a situation with Legal Separation?

My response:

Yes, and no. It all depends on the situation; e.g., do you allow that person to drive a car that is jointly owned? Do you have property in both your names? Usually, Legal Separation has to do with debts and division of property. It does nothing to halt your own negligence, and liability, if your spouse does harm to an innocent third person. Only "Dissolution" and property division cuts the ties that bind.

IAAL
 
S

seniorjudge

Guest
veteranhelp said:
What is the name of your state?CA
If you file for legal separation if one partner is involved in car accident, legal disturbance, harms another person can you be held legally, financially responsible? I am concerned about an alcoholic partner who, if involved in a car accident harming another, could they take everything I have? Am I responsible in a situation with Legal Separation?
I would certainly want my name off any jointly held vehicles.

Tort lawyers are trying to collect from defendants who had nothing to do with a wreck but negligently entrusted a vehicle to a know risk.
 

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