Wrongful Death Suit

[jaiden2003]

What is the name of your state?Florida

My husband has a wrongful death suit filed against him for a motorcycle accident that occurred in 2003. If he loses the suit, will the plaintiff be entitled to any proceeds involved in the sale of our home? Our Deed is in both of our names, and the mortgage is soley in my name(his wife). Any advice you could offer would be greatly appreciated.

The Deed is in both of our names.....to answer your question.

[BelizeBreeze]

Originally Posted by jaiden2003

What is the name of your state?Florida

My husband has a wrongful death suit filed against him for a motorcycle accident that occurred in 2003. If he loses the suit, will the plaintiff be entitled to any proceeds involved in the sale of our home? Our Deed is in both of our names, and the mortgage is soley in my name(his wife). Any advice you could offer would be greatly appreciated.

It matters not whose name is on the mortgage. Is his name on the deed?

[PJD40]

I see his name is on the deed. So the answer to your question is yes. Your insurance company should be trying to settle this suit for you. I don't know how much liability insurance you have. I have $300,000. If you don’t have any insurance you could have lien put on your house if they win the case. I know in Mass they have a homestead act that protects your home. Do you have a Lawyer? That is the first thing I would do. Not much you can do now about the name on the deed if the suit is already filed.

[jaiden2003]

Yes, in Florida we have the Homestead exemption which protects the house while we reside in it - I am just not familiar with what coverage, if any that would provide if we sold the house. I was hoping maybe the money would be protected if we re-invested it in another home elsewhere.

[stephenk]

Selling your home and putting the money in another home will not protect your new home if a judgment is entered against hubby and your insurance will not pay the full amount.