Legal Question in Family Law in California
Regarding notarized letter
My husbands divorce required him to pay back 60% of debts incurred during the marriage to his ex-wife, she had 40%. She refinanced the house all debt was payed off icluding his portion of the 60%. They had a letter notarized saying he would pay her back. Since December 99 we have been paying her monthly. She does not claim any interest on the loan at tax time. Are we still obligated to pay her even though the loan is actually non-existent?
Thanks,
2nd wife
2 Answers from Attorneys
Reply: Regarding notarized letter
The loan may be "non existent" but there is a Judgment that specifices what is required of the parties.
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 family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Regarding notarized letter
While there may not be documentation re the loan, there is likely a court order regarding the agreement. Your husband may be in contempt for not abiding by the agreement. It appears his ex is being reasonable by not charging interest, etc., so you may want to just pay it off and not get into a new hassle that you will not likely win.
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