Legal Question in Credit and Debt Law in Georgia
Ex-husband paid old debt, am I responsible for half?
My ex-husband and I opened a joint line of credit when we were married 6 years ago. When we got divorced, we both forgot about it because the bank/collection agency stopped collecting on it. Recently, my ex contacted the collection agency and settled with them to pay the balance, and did not tell me what was going on until after the fact. Now, he is threatening to sue me for half of what he paid. In addition, I remember that this money paid for items in the home which he kept in the divorce settlement. Am I responsible to pay for half of this debt? I have not made any agreements, oral or written, with my ex to reimburse him for this debt. Thank you.
2 Answers from Attorneys
Re: Ex-husband paid old debt, am I responsible for half?
To add to Mr. Ashman's response, if for some reason it was not provided for in the divorce/settlement agreement, your ex may very well have a case against you. If one obligor refuses to pay a debt and the other one is forced to pay all of it, the first person has a claim for contribution. Obviously, you agreed to pay back the debt to the lender. The law does not allow for one to avoid all liability by making (by non-payment or otherwise) the other person pay it all. Again, start with the divorce documents. They may say who is responsible for joint debts, or that the parties are responsible for their own debts, or something else.
Re: Ex-husband paid old debt, am I responsible for half?
The answer should be in your divorce papers. The debts can't be re-divided now. Whatever those papers say is the answer.
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