Legal Question in Family Law in California
Bills occured during marriage
My husband divorced in 1993 he left the marriage with a TV/ water bed/cloths and a vehicle because she didn't have a license. All of the bills/credit cards ect.. It took several of our tax returns to pay them off. We would like his ex wife to repay half of them, is it too late for us to take her back to court? Can we include intrest? She refuses to repay anything. We are looking at about $4000 total.Can we file this on are own or do we need an attorney? We have the statements from the month the divorce was made final is that all we need?Thank you
1 Answer from Attorneys
Re: Bills occured during marriage
Hiring an attorney to collect one half of $4,000 is not a financially good move, as the attorney fees could equal or exceed that amount.
Further the sharing of responsibility for paying community debts is not necessarily equal, as is the division of community property. The court can order the parties to pay in proportion to their income.
Unless there was an agreement, in the judgment dissolving the marriage, for the payment of these debts the court has no jurisdiction to order her to pay one half, or any other amount.
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