What is my legal recourse against an ex-spouse for misuse of payoff funds?
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What is my legal recourse against an ex-spouse for misuse of payoff funds?
As part of my divorce decree, I paid approximately $84,000 for the difference between equity in our former home, investments, personal property minus combined debts. She never paid approximately $35,000 in her debt. Do I have any recourse in these funds?
Asked on June 7, 2012 under Family Law, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You need to carefully read your maritial dissolution agreemnt with respect to the debt pay off in that most likely you are still obligated on the pay out to your creditors despite the marital dissolution agreement where your former spouse is obligated to make her share of the debt per the court order.
The best way to protect yourself and to possibly get the debt paid off is to file a petition for an order to show cause re contempt against your former spouse for non-payment of the debt. You should consult with a family law attorney to assist you in such an endeavor.
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