<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NY State:
When divorcing, my ex-husband and I did not use an attorney. We filed the papers ourselves. Our divorce decree was finalized in January of 1999. One month prior to that, while we were negotiating, we both agreed that he would buy out my interest in our house. He agreed to pay me $35,000, of which to this day I have only received $28,000. Now he's saying he won't pay the additional $7,000...he's had second thoughts and there were credit card bills that he was going to assume and says he used that money to pay them off. (He is correct..they have all been paid and canceled). Even though our divorce decree doesn't say either way that I was due that money, nor does it mention anything about credit card debt, I do have in writing a paper signed by him and notarized by an attorney stating that he would pay me the $35,000. If I take him to court would I win? What type of court do I go to? <HR></BLOCKQUOTE>
It would be a gamble. A court might, in it's discretion, may render a verdict based on "equity" grounds and call it a "wash". The debts were undoubtedly yours and his during the marriage. By paying the debts with monies earmarked for you under the notarized agreement, your ex-husband undoubtedly saved you from being sued by those creditors, and saved your credit rating. So, if it were me sitting on the bench, I just might rule against you, in the interest of justice. But, by that time, you will have spent many thousands of dollars getting to that point, only to receive nothing. It would be a "coin toss" if you sued.
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