Lucy
“Hi Steve
I have two questions and I am happy to provide background.
My ex-husband and I were divorced and in the separation agreement it states I am responsible for all of the business debt, although it does not specify the names of accounts or amounts, etc. Out of our divorce I was left with a lot of debt in my own name not to mention this business debt.
My ex-husband is threatening to sue me for these business debts and I am looking to retain a lawyer. These debts were in his name or in both of ours and they have already received judgements against him. I received a first professional opinion but looking for a second opinion. I want to make sure I am getting good advice.
Questions
- The lawyer I consulted with told me that although I signed this agreement in theory creditors are not required to honor our separation agreement. If there are judgements against him in his name, he initially owes the money. If he has not paid any of his debts he cannot sue and collect from me if he isn’t actually out any money. Is this true? The reason I ask is he is probably not working and has no plans to pay any of his debts back. He just wants to find a way to get money out of me.
- Our Separation agreement was in Ohio but I have lived in Florida for three years. There is nothing listed on the agreement around jurisdication in Ohio and the lawyer I consulted said I must be sued in Florida where I reside. Is this true even though I own a house that I rent out in Ohio?
Lucy”
Dear Lucy,
I am not a lawyer and don’t play one on TV. I can only offer this advice.
The ownership of the debt is established by the relationship with the creditor. An agreement between the two of you on how those debts will be paid is an internal agreement and does not change the legal ownership of the debt. If it is in his name alone, he is ultimately responsible for the repayment of the debt.
Regarding the issue of Florida or Ohio, that is beyond my area of expertise.
Sorry I can’t be of more help.
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Thank you so much for posting this. I am researching this topic and this is very helpful and informative.