Legal Question in Family Law in California

Post-divorce lawsuit

Got a divorce judgement 3 years ago with no common

debt or property. Verbal agreement with spouse about

division was performed by both parties for 2 years.

After 2 years, ex-spouse sought money to pay debt.

After 3 years (now) she is taking me to small claims

court and suing me to pay it. The debt was a joint

loan taken on my paid-off truck and the debt was used

to make a solo album of her singing. I have no rights

to the profit off the album. The truck was paid off

before we were married. What grounds does she have to

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Asked on 8/30/01, 3:02 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Post-divorce lawsuit

First of all, Small Claims has no jurisdiction over this issue. The Family Court has exclusive jurisdiction. She must take the matter to FamCourt, or you should do so. The Small Claims complaint should be dismissed.

The debt is community. The question becomes, to whom was this debt assigned in your oral agreement? Was there a relatively equal division of debts/assets? Does the recording have any value?

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Answered on 10/01/01, 10:49 am


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