Need help in California...

[kbothwell]

What is the name of your state (only U.S. law)? CA
My ex-husband and I have been separated for over a year and our divorce was finalized 4 months ago. He and I both signed a marriage settlement agreement that states that we would split the debt and assets 50/50. I have held up my end of the deal...I have paid off more than 50% of the debt and he has paid nothing. There is still one credit card under both of our names, and my ex refuses to transfer the debt to a new card under his name and he has not paid the bill for 6 months. He is also holding the engagement ring hostage, which we are supposed to sell and split the profits. I also have a tax refund check for about $1000 that he refuses to sign, even though he owes me around $10,000 for additional debt that I paid off for him. I need to know, is it better to settle this in small claims court, even though he owes me more than $7500, or should I hire a lawyer to help me with this? I'm so confused...

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA
My ex-husband and I have been separated for over a year and our divorce was finalized 4 months ago. He and I both signed a marriage settlement agreement that states that we would split the debt and assets 50/50. I have held up my end of the deal...I have paid off more than 50% of the debt and he has paid nothing. There is still one credit card under both of our names, and my ex refuses to transfer the debt to a new card under his name and he has not paid the bill for 6 months. He is also holding the engagement ring hostage, which we are supposed to sell and split the profits. I also have a tax refund check for about $1000 that he refuses to sign, even though he owes me around $10,000 for additional debt that I paid off for him. I need to know, is it better to settle this in small claims court, even though he owes me more than $7500, or should I hire a lawyer to help me with this? I'm so confused...

You're not going to be able to do it in small claims court. The divorce court retains jurisdiction. Also, depending on the rules in your county, you may be over the limit for small claims, anyway.

I would talk with an attorney. You can sue him for contempt to recover what he owes you and also ask for him to reimburse your legal expenses to recover the money. You won't always win the legal expenses, but if it's as black and white as you say, there's a good chance. Even if you don't, spending $1 K to get $10 K back is a reasonable investment.

 

[kbothwell]

I agree that it is a great investment...so should I find a family law attorney? Thanks for your help!

 

[mistoffolees]

I agree that it is a great investment...so should I find a family law attorney? Thanks for your help!

Yes. Find the best family law attorney you can find. First, the results will likely be better. Second, the better attorneys are generally busy enough that they want to get matters like this settled quickly and don't tend to run up the bill (although that's obviously a generalization).