“My girlfriend and I are planning to get married. Just recently, she hit a pedestrian and the pedestrian sustained some injuries. Is it advisable for me and my girlfriend to get married? Can the pedestrian come after me and my assets if we get married?”

The accident occurred while your girlfriend was unmarried so he can only go after her. That being said, he might be able to go after her half of the wedding presents, as in most States that would be her marital property. Additionally, half of both of your earnings during marriage would be marital property, so there is a potential to come after some amount of earnings. As far as what you own separately prior to marriage, the pedestrian cannot go after that. If you have significant assets to protect, you might think about a prenuptial agreement.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.