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Yes. If the couple live in a community property state both might be subject to legal action. All property held by a marital couple in a community property state would be subject to judgment attachment. In other states what action could be taken against joint marital property and/or assets would depend upon how the property is titled and the laws of the resident state or the state where the accident occurred.

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Q: When you are in an auto accident can your spouse be sued also and all properties attached?
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