If I signed a notorized letter to my ex-wife saying that I’d pay one of her credit cards off, will this letter hold up in court if she tries to sue me?
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If I signed a notorized letter to my ex-wife saying that I’d pay one of her credit cards off, will this letter hold up in court if she tries to sue me?
I made some payments but stopped.
Asked on December 22, 2012 under Family Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
It's a contract, but it's not necessarily pivotal in the family law case. The judge SHOULD disregard it unless she files a separate cause of action for breach of contract in a different court. However, judges have a tendency to do whatever they want--and are allowed to divide up debts and assets in divorce cases in a way that serves equity and fairness. So, a judge could construe that since you promised it would be fair to assign that debt to you.
Good luck.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Quite possibly. Depending on the wording of the letter, it could well constitute a binding contract. At the very least it could evidence that there was a binding verbal agreement. Also, you don't indicate what, if anything, was addressed about this in your divorce decree. At this point, you should have a local attorney review the matter for you.
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