Legal Question in Family Law in California
Marital Settlement Agreement
Questions: A couple signs a Marital Settlement Agreement, the Judge signs it and the divorce is final, if either party fails to pay the debts they assumed in the MSA, can creditors come after the other party who did not assume those debts?
4 Answers from Attorneys
Re: Marital Settlement Agreement
Yes Family Court can assign responsibility for paying the debt, but cannot relieve the other party of the obligation to pay the debt. The court cannot change the original contract.
Reply: Marital Settlement Agreement
In a general sense, the answer is Yes. The creditors are not parties to the divorce Judgment, and the Judgment is between the parties and not binding on the creditors.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Marital Settlement Agreement
In a word, "YES"!
Because the creditors made the initial contract with both of you, they have recourse to both of you.
If your wife won't pay, then you will have to go back to court to enforce the judgment. However, if your wife decides to file Bankruptcy, then unfortunately, you have a problem.
Regards, Damian Nolan.
Re: Marital Settlement Agreement
Yes. Your action is under the settlement agreement vs your ex-spouse, however, if debt acquired during marriage and/or covered by settlement agreement, creditor can come after you.
If other spouse file BK, they can come after you and you have little or no recourse. Need to see settlement before confirm that for sure.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
