If I’ve been paying a debt to my soon-to-be ex-wife’s father, can I suspend further payment until the divorce decision?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’ve been paying a debt to my soon-to-be ex-wife’s father, can I suspend further payment until the divorce decision?
My wife and I signed a document agreeing to pay a debt to her father during our marriage. My wife doesn’t have a job, so I’ve been paying all debts while we wait for trial. Do I have to continue paying the debt to her father as well, or can I suspend further payment until after the decision?
Asked on December 15, 2011 under Family Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You cannot suspend paying a debt to a third party. You and your wife are jointly and severally liable to your father in law for that money. That means, if you borrowed ten thousand dollars, you owe the ten thousand dollars. You can always seek contribution from your wife but this was a marital debt so your payments still need to continue to your father in law and you can address any reimbursement issues with your wife. Your wife can always talk with her father about debt forgiveness (either a portion or all) but that is not up to you.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
For a definitive answer, you need an attorney to review the language of the document in detail, since the specific language will control. That said, the most likely interpretation would be that you have to keep paying unless the document specifically says that you may cease during the pendency of the divorce--after all, until the divorce is finalized, you are still married.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.