Hello-
My ex husband and I split up all our debt when we separated , and it was documented with notarized forms that I paid him off for my half of the credit card bills in full. He is now asking for me to help make payments a credit card that I already paid my half of because it was on a promotional interest rate and now it has increased the payment by 3x. He asserts that we should have taken that into consideration when we split the debt. My point is that I’ve already paid him what I owe and he signed a doc saying I’m free and clear so he can’t ask me for any more money. Am I correct?
Thanks
K
Generally this is correct - if you have a written agreement between the two of you, and it has been signed by both of you and both signatures are notarized, then you would have no additional obligations beyond what is written in that agreement/contract, assuming this written agreement/contract is not a separation agreement and property settlement.
However, if any of the debt is marital debt and it has not been distributed to your husband in an equitable distribution court order or a separation agreement dealing with equitable distribution and you are not yet divorced, there could still be an equitable distribution claim by your husband to properly divide the marital assets and debts.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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Thank you for your response- we are officially divorced and we did put this document in with our separation agreement when the divorce went to court. So it’s all finalized.
Thanks again for your help.