Legal Question in Family Law in Arizona

Money obligation

When I was married my husband and I took an equity loan on his house. Only married 1 yr. We payed off all our credit cards. After divorce my ex refinanced 1st and 2nd together in his name only. Now he says I owe him for my credit cards that were payed off. Do I? There is nothing in divorce papers stating I would owe him. He is also requesting payment for a credit card we both used but is in his name with me as an authorized user. Again nothing in divorce papers stating any financial liability. Thank you for your time.


Asked on 8/17/02, 6:12 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Money obligation

Thank you for your inquiry.

Although you might have had some obligation based on AZ's community property laws, the divorce decree controls the final distribution of debts and assets. If the existing debt (the 2nd mortgage) was assigned in the divorce, then the previous debts (leading up to the 2nd mortgage) no longer exist. However, if any existing debts/assets were not mentioned in the divorce, they are subject to equal division.

If you would like to discuss this matter in greater detail, please feel free to contact me.

/s/ Monica H. Donaldson, Esq.

(480) 792-9770

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Answered on 8/17/02, 8:02 pm


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