In CA, am I legally obligated to pay on a debt made by verbal agreement between my ex and her now deceased father?

Asked on October 11, 2011 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In California there is a statute (Civil Code section 1624) known as California's statute of frauds. This statute requires that any agreement to pay for an obligation of a third person must be signed in writing by the person who is sought to be bound by it.

In your situation if you solely made an oral agreement to pay the obligation of a third person and nothing more, then under Civil Code section 1624 you should not be bound by this oral promise unless you signed some written document (as well as dated it) stating that you would be bound by it.

Given the fact that your former girlfriend's or wife's father is deceased, it makes her burden even the more difficult to prove against you concerning the oral promise.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.