Legal Question in Family Law in New Jersey

Property Settlement

Aproximately 3 years prior to my divorce--name removed--my parents gave my wife and I a loan in the form of a promisory note--name removed-- In the final divorce decree I had agreed to hold my ex-wife harmless and indemnify her from this loan--name removed----name removed----name removed--

Currently I am unable to pay my parents this money--name removed-- If my parents sue my ex-wife for the outstanding monies she would most likely file suit against me--name removed----name removed--

Jumping ahead a bit--name removed--my parents contention is that they never gave me authority to indemnify my ex-wife--name removed----name removed----name removed--Is it possible that both Civil and Family Court would hold her responsible for any part of this debt--name removed----name removed----name removed----name removed--


Asked on 6/26/00, 9:22 pm

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Property Settlement

It appears that your parents never agreed to release your ex-wife. Accordingly, she is responsible for the debt to your parents in the same manner that you continue to be liable. However, your ex has the right to expect you to repay her for any amount that she is required to pay your parents, due to your indemnification of her. This was an agreement that you made with her, in the separation agreement, that she has the right to rely on. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 9/06/00, 8:14 am
Beverly Muller Beverly Sharps Muller, Esquire

Re: Property Settlement

hi - your parents are just like any other creditors. they can sue her in civil court, but she can turn right around and sue you, since you agreed to indemnify her. you probably would be better off with a lawyer. feel free to call me at

609 263-0089, if you have any other questions. good luck !!

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Answered on 9/06/00, 9:42 pm


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