Legal Question in Civil Litigation in California
My ex wife is being sued and now I have been included as part of the suit for money she borrowed while we were separated. We are now divorced and the money she borrowed is stated as her liability in our divorce settlement agreement. Is that sufficient evidence to have me removed from the suit?
1 Answer from Attorneys
No, the divorce judgment is between the two of you and not binding on third parties. Otherwise a married couple could accumulate a very large debt, including home loans, then file for divorce transferring all the debts to the poorest ex-spouse who then files for bankruptcy to wipe out all the debts and then the two of them continue to live together, just not being married.
The divorce judgments means that if you are not dropped from the suit she will have to reimburse you for any amounts you have to pay and probably have to to pay for your attorney. The important issue is how the debt was obtained. Was it only in her name, was it for community property, did you sign, was there any indication given to the merchants that she was married, was it on a joint credit card or bank checking account; if it was the first or the last three, you are probably stuck. You need to advise her that it is her obligation and tel the plaintiff why yo are not liable and should be dismissed. Do that before the thirty days to answer expire.