Legal Question in Business Law in Iowa
''hold harmless'' property settlement in divorce
A man and woman divorce.
They had purchased a mobile home that was awarded to the woman. In the decree, signed by the judge, it says the man is to be ''held harmless'' in regards to the payments on the mobile home, the woman is solely responsible. The woman defaults after 7 years, the mobile home is reposessed by the mobile home company it was purchased from. Can the mobile home company sue the man, who is to be ''held harmless''? They have informed the man that they are going to pursue this.
Thank you.
1 Answer from Attorneys
Re: ''hold harmless'' property settlement in divorce
Such agreements as you describe are generally unenforceable. Two people cannot agree to apportion a third party's rights without the third party's consent. All one can do is sue the other party to the agreement.
In short, yes, they can go after him.
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