If spouse kills someone while driving drunk are my personal assets at risk?

[ineedadvice22]

What is the name of your state (only U.S. law)? New York


Hello,

I am new to the forum. Unfortunately, I am married to an alcoholic. I fear that he will one day get behind the wheel after excessive drinking and kill someone in an accident. Yes, I know that a divorce is likely to be in my future. However, my question is the following. If my husband kills someone while drunk driving, are my personal assets that are solely held in my name (NOT joint assets) at risk?

 

[HighwayMan]

Certainly if you are the owner or co-owner of the vehicle involved or have the vehicle insured, but you seem more concerned about losing some property than with the potential loss of human life.

 

[Ohiogal]

What is the name of your state (only U.S. law)? New York


Hello,

I am new to the forum. Unfortunately, I am married to an alcoholic. I fear that he will one day get behind the wheel after excessive drinking and kill someone in an accident. Yes, I know that a divorce is likely to be in my future. However, my question is the following. If my husband kills someone while drunk driving, are my personal assets that are solely held in my name (NOT joint assets) at risk?

Marital property is at risk. You seem rather selfish and uncaring.

 

[xylene]

Being self interested while dealing with an alcohol is the last thing you want to do.

 

[proud_parent]

First time posters are usually admonished for displaying too much emotion when presenting their legal question. Cut it down, we tell them. Stick to the pertinent facts. No one wants to wade through a novel.

This poster adheres to forum etiquette and is quickly called out as self-interested and uncaring. Go figure.



I'm married to an alcoholic. I live with all manner of fears that the OP would likely recognize, none of which I will ever detail on these boards. Why? Because this is a LEGAL forum, and it isn't the appropriate place to air such concerns. Those feelings I share with my support group, his doctor, the childrens' therapists, our pastor, a small handful of trusted friends. Sometimes, in those rare moments when he's receptive, with my spouse. One would be quite wrong to presume that because I don't dredge it all up here, I must not care.



To the OP: stick around. If you have thick enough skin to accept free moralizing with your free advice, you may just find the advice to be helpful. As they say, take what you need and leave the rest.

 

[davew128]

Marital property is at risk. You seem rather selfish and uncaring.

Because being worried about being held financially responsible for the acts of another that you can't control is the epitome of a sociopath.

 

[ineedadvice22]

thank you for your responses. i sincerely mean that.

 

[Ohiogal]

Because being worried about being held financially responsible for the acts of another that you can't control is the epitome of a sociopath.

Never said she is a sociopath.

 

[LdiJ]

Never said she is a sociopath.

I think that the point is that anyone who is NOT worried about liability in a situation like the OP's would be incredibly foolish.

 

[Ohiogal]

I think that the point is that anyone who is NOT worried about liability in a situation like the OP's would be incredibly foolish.

And the point I think is important is that finances/liability is NOT the most important issue. But whatever.

 

[AnotherTenant]

And the point I think is important is that finances/liability is NOT the most important issue. But whatever.

While you are correct that it's not the most important issue, it IS the only one that OP can effect any control over.

 

[Ohiogal]

While you are correct that it's not the most important issue, it IS the only one that OP can effect any control over.

Wrong. She could leave the marriage and divorce the alcoholic rather than take the fall for him.

 

[eerelations]

Wrong. She could leave the marriage and divorce the alcoholic rather than take the fall for him.

She stated quite clearly that divorce is in her future.

What some here are arguing is that she should not be held accountable if her husband kills someone. She has no control over that. Divorcing him will not change that.

 

[Zigner]

She stated quite clearly that divorce is in her future.

No, she did not. Re-read the OP.

 

[Ohiogal]

She stated quite clearly that divorce is in her future.

What some here are arguing is that she should not be held accountable if her husband kills someone. She has no control over that. Divorcing him will not change that.

She can lose everything if her husband kills someone. Especially if they are on the same insurance. She knows he drives. She knows he is an alcoholic. She knows he is a danger. Furthermore, she didn't guarantee that she is getting a divorce. She said it was "likely". That is not being clear about it.