How do you protect yourself legally from your spouse's drug problems (without divorce)?

by **melville** » Tue Dec 13, 2011 7:01 am

My spouse has a drug problem that just relapsed. I don't want to divorce but I would like advice on how to protect my self from liability of things like driving under the influence accidents. If I take my name off the car title, am I still liable because I'm married to the person? I'm concerned I could loose my house (which I own seperately from before we married) and I'm concerned I could loose money that I saved by myself. If I keep it in a separate account - is it protected? I'm in california where they have community property laws - I'm not sure if that means my separately owned assets are at risk if my spouse causes an accident. Thanks for advice.

by **fenwick** » Tue Dec 13, 2011 7:04 am

CA is considered community property state. So I suggest you either convince him to get help and quit or get a divorce. See he can cause you a big legal problem and that person can sue not just him but his estate or should I say his combined income due to living in a community property state like CA.

Right now your enabling him. Your helping him be this way by saying I don't want a divorce but I want him to change. He won't change unless HE WANTS TO. That's the key here. You leave he might clean his act up. An stay that way.

by **adin55** » Tue Dec 13, 2011 7:07 am

You are MARRIED. This means - it's all joint!

The only way to protect yourself financially is to :
1) divorce, so he is all on his own again.
2) get a LEGAL separation. (which is very expensive!)
3) write up and initiate a POST-NUPTUAL agreement. Define what's what and who's is who's.

It is a CONTRACT about financial affairs. You will still need an attorney to draft this and file it to ENSURE it provides the financial protection you want.

by **darrell** » Tue Dec 13, 2011 7:24 am

Odds are - You can't! You are married - community property and all that fun stuff! I think the best thing you can do (if you really want to stay in that marriage) is to contact an attorney for a free consultation.

My husband has been lucky with his drinking and driving - not been caught...let's hope the divorce goes down prior to that!

by **juanito** » Tue Dec 13, 2011 7:26 am

You should have gotten a pre-nup. Talk to a lawyer about getting a post-nup. He'd have to sign in though.

But yeah, divorce him.

by **slaine** » Tue Dec 13, 2011 7:39 am

Once you get married darlin, your debt is now his and vice verse...Gotta love CA.

by **adelphos** » Tue Dec 13, 2011 7:40 am

move to different state

by **jolie** » Tue Dec 13, 2011 7:43 am

One thing you didn't mention was medical insurance, are you both on the same medical insurance? If you are I would detach from him right away, you mentioned drug abuse, many married people find themselves in trouble because of their spouses drug dependency through simple medical insurance. So do make sure if you are under his coverage that you get off of it soon, I would cut all ties with him as fast as possible. You can get him off of your car insurance if he is no longer married to you, my husband doesn't ever drive my car but due to the law, he must be on the coverage. Excluding divorce, I believe the only real way of protecting yourself is by getting a legal binding separation through the state of California? I know it's not a easy thing to do, but you really must think about whats in your best interest, as he isn't capable, while a person is on drugs they don't care about anything or anyone, their only concern is when and where they can get their next fix or high. So he leaves you no choice, you must take action.

by **armin** » Tue Dec 13, 2011 7:52 am

You fall under community property.

You can take your name off the car, but even if it was in your name, if he is driving and having an accident, its on him, however any debt that might come from this, he will have to pay, and if he doesn't pay he could face jail time. This is when you might come in a pay them for him. Either way, its money out of your house. Also if you insure the car, your insurance will go up.

You having your own account is good, They should not take from it. I suggest you insure your husband immediately

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