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If someone sues my husband, can they take my assets or properties as well?

Been the victim of Legal Malpractice? Discuss it here.

If someone sues my husband, can they take my assets or properties as well?

Postby leland » Thu Nov 24, 2011 11:27 pm

My husband is a physician who practices a field that is more prone to frivolous litigation. My parents want to give me some property, but I fear what may happen if my husband gets sued. Can an attorney come after our personal assets as well as his malpractice insurance? Isn't my property also considered his as well? We live in Texas. Thanks!
leland
 
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If someone sues my husband, can they take my assets or properties as well?

Postby colum » Thu Nov 24, 2011 11:33 pm

As a rule, even HIS personal assets should be protected from a malpractice suit.

Keep as your sole and lone equitable property and you should be fine.
colum
 
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If someone sues my husband, can they take my assets or properties as well?

Postby otis » Thu Nov 24, 2011 11:41 pm

Your Pre-Nuptial agreement should answer these questions. Its should say what belongs to whom.
otis
 
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If someone sues my husband, can they take my assets or properties as well?

Postby merla15 » Thu Nov 24, 2011 11:47 pm

Keep documentation of the gift. It will not be considered in a lawsuit from his practice.
merla15
 
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If someone sues my husband, can they take my assets or properties as well?

Postby sherborne16 » Thu Nov 24, 2011 11:54 pm

You need to speak to a lawyer.

If he was sued they would go after his insurance, his practice or where he works. His personal assets would be seperate.

There are ways anyway where your parents can set the property up as part of a trust. Plus you are going to want to look at the tax issues by being gifted property outright.

Only a lawyer (a good one) can sort this all out.
sherborne16
 
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