The Cellar

The Cellar (http://cellar.org/index.php)
-   Home Base (http://cellar.org/forumdisplay.php?f=2)
-   -   I'm being sued! (http://cellar.org/showthread.php?t=9845)

xoxoxoBruce 02-04-2006 06:27 PM

Quote:

Originally Posted by Brianna
The debt was my ex-husbands. In the divorce, he was responsible for so many debts and I was responsible for so many. He defaulted on this one. That's what I mean by a divorce debt. The legal papers came out of the blue as he was the one getting the notices, not me.

Do you have that in writing? :confused:

MaggieL 02-04-2006 06:51 PM

Quote:

Originally Posted by keryx
Last time I checked, divorce papers are a legally binding document. Assets and liabilities are divided accordlingly....

In my case a divorce decree was granted by the court that took judicial notice of the property settlement agreement (which also incorporated child custody and support terms). The settlement is itself a contract between the divorcing parties. .
Quote:

Originally Posted by keryx
I can sympathize that once something has been signed, sealed and committed, that one could very logically think that it's over, an agreement has been met and will be adhered to (legal documents are strange that way.)

A divorce property settlement can be either a contract between the divorcing parties, or it can be the order of a court; it's binding on the divorcing parties in either case.

That said, if party A has a debt to party B, a promise by party C made to B to settle the debt on A's behalf, (be it in a contract or in compliance with a court order) does not discharge A's responsibility to B, and the debt does not magically become "C's debt"...even if C was a debtor to A as well. In that last case the credit contract language is usually that the debtors are "severally" (individually) liable for satisfaction of the debt as well as "jointly" (together)--they're both on the hook for the full amount. If the resulting lawsuit is a surprise, it's only because A didn't verify C's performance and enforce the contract containing the promise. But that's a matter between B and C; it's not A's problem, nor should it be.

(of course the usual IANAL disclaimer applies. )

monster 02-04-2006 07:27 PM

Curious as to why the divorce settlement issue was not mentioned in the OP and indeed until now, as this clearly affects any advice on how to proceed, which was the question in the OP :?


All times are GMT -5. The time now is 09:26 AM.

Powered by: vBulletin Version 3.8.1
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.