New Mexico | Credit and Debt Law
Legal Question
I have been divorced since 2001. In my divorce decree it states that my wife is "ordered and decreed" to pay the balance due, including principal, interest, and all other charges on the promissory note payable to XXX. I am now being haggled by a law office to pay the debt, because she stopped making payments on it in 2004. I have read them the divorcee decree, but they say that doesn't matter and have even threatened to put a lien on my home. Am I liable for the debt?
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Legal Answer
If the debt was yours or partially yours when incurred, or if it was incurred during your marriage for a necessity of life, then yes, you are liable. NM is a community property state, and each is liable for the debts of the other with few exceptions. Your former wife is still obligated, but now to you for any payments you make which the Decree required her to make. Your remedy is to return to court to enforce terms of the Decree.
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Charles S. Aspinwall, J.D., LLC PO Bx 984 Los Lunas, NM 87031-0984
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