Legal Question in Civil Litigation in California
My daughter and her husband have borrowed a lot of money from me and
always say they are going to start repaying me but they havent. now my
daughter has divorced her husband... can i sue them both? each for half?
3 Answers from Attorneys
The obligation to you should have been allocated in the divorce settlement. If it hadn't, then they are jointly and severally liable for the debt -- that is, the amount you collect from one reduces the amount the other is required to pay, but both would be liable for the full debt plus interest at the legal rate of 10% per year, simple interest.
Much will depend on when they borrowed the money. Assuming there is no written agreement, you would have to sue within 2 years of the date that the money was due. Is the divorce proceeding final? If not, you might be able to assert a claim within that proceeding.
Finally, how much is "alot"? That will determine which court you must sue in (if you choose that route) and whether it is worth retaining an attorney.
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Yes sue them both and petition the divorce court. contact me directly.