Legal Question in Family Law in Minnesota
Financial Liability during a devorce
My brother in law has been forced out of his marital home and has now been served the first copy of divorce papers. He has been told that his ''wife'' has been bouncing checks (her name is the only one on the account) and been asked to make good on them. Does he have to pay the debts that his ''wife'' is currently incurring or are they her responsibility. How does he notify business places that he is not leagally obligated to pay the debts she is racking up? He has been told to place an ''ad'' in the local paper to serve as notice to local merchants. Is this true and if so is there any particular wording he should use? She is also in possession of things that were lent to him durring the marrage by friends and family and she is claiming them to belong to her. Is there recorse for the true owners of the property?
1 Answer from Attorneys
Re: Financial Liability during a divorce
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An announcement in the paper would do nothig to prevent liability.
There can only be liability if there is a contract. If he is not named on the account and he did not write the check, he cannot be held liable.
When he receives the notice he should imply inform teh merchant that the accont is not in his name, that he did not write the check and provide the name and address of the actual debtor
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