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 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?”
Question: 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.
