Legal Question in Family Law in Washington

Hold Harmless Policy

During my divorce in Jan 01 my ex-spouse and I assumed control of our financial responsibilities and split our debt. We had a hold harmless policy stating that we would not hold the other party responsible for collection of debts the other person incurred and took responsibility for. I had managed to take responsibility for a credit card that my wife was the primary holder for. It was established that the account had a $5200 remaining balance and during our divorce I was only able to secure a loan for 5K and applied it to the balance. Within days my ex-spouse had maxed the card out again when she flew her family out to WA to help her move, she stayed in hotels and even carpeted her brothers basement so she could move in. In addition my ex was responsible for half the mortgage on the house until it sold which she did not hold to. Unfortunately I was out to sea being in the service during most of the divorce proceedings and was unaware of her failure to abide by the HHP and found my bank accounts emptied because she revoked on her obligations and eventually filed bankruptcy. The bank held me responsible as a co-owner and ultimately I had to follow suit. I've done 2 tours in the gulf and now that I am back is there anything I can do


Asked on 4/13/05, 9:09 am

1 Answer from Attorneys
Brian Miller Brian M. Miller, Attorney at Law

Re: Hold Harmless Policy

This is a complicated situation for which I recommend you seek counsel. If there is a divorce decree incorporating the property settlement agreement, you can enforce that by filing a contempt motion against her. Is this in VA? Was there a property settlement agreement and was it incorporated into the final decree of divorce?

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Answered on 4/13/05, 9:44 am


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