My Fiance got into an Accident, If She gets Sued Do I Need to Protect my Assets When We are Married?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

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