Can someone sue you for injury on a property that is no longer in her name. If it is in her exhusbands name.

Asked over 2 years ago - Signal Hill, CA

My sister was recently served in California over a property that is owned in Palmdale, California. A few years ago before the divorce she signed the rights of the property over to her now exhusband who lives in Dallas, Texas. . The people that were bitten by a dog are now suing my sister and have summoned her to court. The injury occured in 2009. She divorced him in 2008. She gave over her rights to the property in 2008. Thank you for your time. Also, is there anything she can do if her husband in fact lied to her divorce attorney about no more property being in her name. He alledged he had nothing else in her name when she was making a settlement.

Attorney answers (4)

  1. Jacob Adam Regar

    Contributor Level 16

    8

    Lawyers agree

    Answered . More facts are needed to properly answer your question.

    Who owns the dog? Why was the dog on the property? Is your sister responsible for allowing the owner's of the dog and the dog to be on the subject property? If your sister has nothing to do with the dog being on the property and the property does not even belong to her, than she can likely avoid liability and may even affect her dismissal from the lawsuit. But, under these facts, it's unclear why your sister was even named in the lawsuit.

    If some error exists in the marital property settlement, your sister can inform her attorney and see if anything can be done. But, I'm not sure what you mean when you say "ex-husband lied about no more property being in her name." And I'm not sure what you mean when you say "he alleged he had nothing else in her name..." Does this part of your question have to do with potential liability for the dog bite?

    This website contains general information about legal matters. The information provided by Jacob Regar is not... more
  2. Curtis Lamar Harrington Jr

    Contributor Level 20

    8

    Lawyers agree

    Answered . Plaintiffs may have had preference for local defendant and my be trying to rely upon a community property presumption?

    What is the tax status of the property? Its been 4 years, has he abandoned it? If he abandoned it does he consider it as "not property"?

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  3. Neil P. Flynn

    Pro

    Contributor Level 12

    6

    Lawyers agree

    1

    Answered . Unfortunately, it's an old but true adage that "Anyone, can sue anyone else, for anything, at any time." The question is, can they win?
    In this case, if your sister still owns the land, and it sounds from the end of your question that she might, she may be held liable for this person's injuries. Generally, the dog's owner is responsible if it bites someone and under New York law an out of possession landlord is not responsible for such an occurence but the law may be different in this case.
    The most important thing for your sister to do is make sure she answers the lawsuit. If she doesn't she can lose by default, even if the law and the facts are actually on her side.

    I've been litigating civil cases in New York for almost fifteen years including personal injury, medical... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . All she would need to do is turn the paperwork over to the homeowners insurance company that insured the house on the date of that incident as they will handle it.

    Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.... more

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