We hired a builder to do an extension and remodelling work on our house two years ago. The flooring was laid poorly and the builder has refused to sort it out so we are taking him to small claims court. I filed the suit in my name because I work part time and have more time to deal with this, plus I’ve taken someone to small claims before so am familiar with the process.
After I’d already filed the claim in my name and listed my DH as a witness, I realised that the contact we signed with the builder was signed by my husband only, not me, as I was on a work trip. What I’m trying to ascertain is are my husband and I, as spouses and joint owners of the property, considered one legal entity and so it doesn’t matter if my signature isn’t on the contract, or am I unable to sue him in this instance and it would have to be my husband?