Ex-husband suing in regards to old debt not included in divorce decree

What is the name of your state? AR
Ex-husband and I let a car go back while we were still married in June of 98. We divorced in February of 2004 and when he went to purchase a house the credit report showed the definciancy that the bank listed of $3000.00 as a charge-off. It had aged off my report when I disputed the claim while checking my report after the divorce. He paid this debt to the bank on his own will in June of 2004 and then called me at working stating that I owed him half of the $3000.00. I had explained to him that it was not on my report as I had disputed and gotten it taken off. He offered to let me pay the babysitter in which he is court ordered to pay until the $3000.00 was paid off. I jokingly said over the phone that I would and then of course never paid him or the babysitter as I feel I owe him nothing. He continued to pay the babysitter; but, then I receive the small claims complaint yesterday stating that he is suing me for half of the money. There was nothing listed in the decree in regards to this debt and he paid it on his own will. Does he have a case???

kld97 said:

Does he have a case???

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Based solely on the information in your post, yes.

For two reasons:
1) This was a common debt. That means that each of you owe it. The fact that it is, or is not, reported on your credit history has absolutely nothing to do with your legal obligation for half of the debt. Further, the fact that it is not referenced in your family order also does not waive your obligation.

2) You agreed to repay him. Granted, that is a verbal agreement and may be hard for him to prove, but you did agree.

JETX said:

Based solely on the information in your post, yes.

For two reasons:
1) This was a common debt. That means that each of you owe it. The fact that it is, or is not, reported on your credit history has absolutely nothing to do with your legal obligation for half of the debt. Further, the fact that it is not referenced in your family order also does not waive your obligation.

2) You agreed to repay him. Granted, that is a verbal agreement and may be hard for him to prove, but you did agree.

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It appears that the husband paid a debt that he was not legally obligated to pay (beyond the statute of limitations), it's not clear to me that the voluntary payment of the debt by the ex-husband should obligate his ex-spouse.

LittleNapolean said:

it's not clear to me that the voluntary payment of the debt by the ex-husband should obligate his ex-spouse.

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First, we don't know all the facts so we don't know if this was in fact an SOL time barred debt or not.
Second, even if it was time barred, that would only apply as to the enforceability of the debt... the debtor can pay a debt far after its expiration.
Third, if a debtor does pay a co-obligated marital debt after the SOL, the obligation would remain against the ex (in my opinion). However, the ex could argue that in court..... and see where it goes.

JETX said:

First, we don't know all the facts so we don't know if this was in fact an SOL time barred debt or not.
Second, even if it was time barred, that would only apply as to the enforceability of the debt... the debtor can pay a debt far after its expiration.
Third, if a debtor does pay a co-obligated marital debt after the SOL, the obligation would remain against the ex (in my opinion). However, the ex could argue that in court..... and see where it goes.

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I was going on the facts that the poster presented, car voluntarily repo'd in June 1998, divorced in Feb 2004, SOL would have run out in 2003 (5 years). As you imply there could be other issues that might make the debt still collectable.

We'll have to agree to disagree about whether a voluntary payment of a debt where no legal obligation exists to pay creates an obligation on the other ex. I'd certainly be interested in seeing any court cases that have covered the issue.

Thanks for your comments.

So you think that the judge may order me to pay half of the debt? I've been stuck with tons of bills since our divorce that I had no idea was out there and went ahead and paid them. I did ask if he would pay half; but, of course it was always sure and then I never saw the money. I figured that was just my loss since we were legally divorced when I paid the debt and the debt was not included in the divorce decree. I guess we'll just have to see how it turns out. I'm still going to fight it tooth and nail....just wish I could find an atty to help me out since most of the ones I have contacted are unwillingly to give advice and will not even meet with me since it's a small claims court. I guess I'm just scared of the unknown since I've never been to court for anything besides my divorce.

Just an updaate

I went and defended myself under the grounds of SOL and won!! Yea!!!!!! ; )