My spouse drives intoxicated frequently. I am not sure if living separately is where were at yet, but i do want to protect the joint assets from her legal liabilities. Will a separation protect me and the marital assets in the event that the worst case scenario arises, ie car accident involving severe damages, injury or death.
If a separation agreement does protect me and the assets from liability, will it be nullified if she remains living in the marital house with me.
If we have a separation agreement, and she continues to live with me in the marital house, can i have her legally removed from the home if she continues to drink and is a danger to the children.
My spouse is currently in a treatment facility and i am attempting to protect myself the children and the assets when she returns, and hopefully have some legal recourse if she decides to start drinking again.
A separation agreement is only effective if you are married but separated and remain separated or you separate within about 30 days from the date of execution of the separation agreement.
If you remain married and living together, perhaps a postnuptial agreement may help your needs, but generally if you are an owner on a vehicle she is driving, you could still be sued for property damage or bodily injury caused by the driver, regardless of what a contractual agreement between Husband and Wife says.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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