At fault for tree falling on house

[DustinM]

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

I am renting the house I caused the damage on, and it's being covered by the owners insurance policy. I talked to one of the agents who informed me that they are going to try to get money from me. The repair is going to cost around 50k. I don't have much of anything, but my wife has half of a property in her name. My name isn't on the title, but we are somewhat concerned that the agency might want to try to take the property. Is this concern valid?

 

[quincy]

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

I am renting the house I caused the damage on, and it's being covered by the owners insurance policy. I talked to one of the agents who informed me that they are going to try to get money from me. The repair is going to cost around 50k. I don't have much of anything, but my wife has half of a property in her name. My name isn't on the title, but we are somewhat concerned that the agency might want to try to take the property. Is this concern valid?

How did you cause a tree to fall on the rental house?

Are both you and your wife on the lease agreement?

 

[latigo]

Your post is too puzzling and limited to determine whether or not the "half of a property in your wife's name" would be exposed to the execution of a judgment. (Not to question how you could be held legally responsible for the damaged residence.)

As to her one-half interest my best guess is that she acquired it by way of a divorce. In which case it would be her sole and separate property.

And even if she is found equally responsible for the damage and named in any ensuing judgment, OR some ownership rights or equity in the "half interest" could be attributed to you, it would be a rare circumstance where a judgment creditor would benefit by levying execution on a partial interest in land.

What you need to do is to consult with a bankruptcy law specialist and one that can explain to you the implications of Oregon's Homestead Act. Plus dispose of the chain saw and stop acting like a young George Washington.

 

[DustinM]

I cut the tree, and it didn't fall the way I intended.

My wife and I are both on the lease agreement.

The homeowner is my wife's uncle. He's being very kind.

Her property is shared with her sister and has no structures.

The homeowners insurance is covering the now estimated 70k damage.

Is this that special circumstance