Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My wife was in an accident without insurance before we were married, and is now being sued. Does she need to include my information on her agreement to pay back the judgment?”
Your question really is whether your own income and assets can be used in satisfaction of the judgement, and the answer, unfortunately, is “it depends.” For example, if you live in a community property state, any assets which you owned prior to the marriage are your separate property, and generally speaking cannot be touched, however your current income and any assets acquired during the marriage may be fair game, if only because access to your income, even though your wife may not be able to use it to satisfy the judgment directly, in theory may free up more of her own income to use to pay the judgement. So yes, there is a good chance that she will have to list your information.
The bottom line is that in theory the debt should probably be your wife’s, and your wife’s alone, but what happens in practice isn’t always what ought to happen in an ideal world, and you should consult an attorney in your state who is familiar with both family and creditor law.
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