If I am going through a divorce and my wife paid a debt of mine without my asking, can she force me to pay her back?

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If I am going through a divorce and my wife paid a debt of mine without my asking, can she force me to pay her back?

My soon-to-be ex wants to sue me for $10,000 over a bill I had prior to marriage. I did not ask her to but she kept insisting on paying, so she did. She never asked me to pay her back and there was no contract. This happened after the first year of marriage. Now that we are going through divorce she is requesting I pay her back.

Asked on September 25, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

If she spent community property money (money earned during the marriage) on your separate debt  then she may be entitled to reimbursement for her half of that community property money spent on paying the debt. 

You should really retain an attorney and check your motivations.  Try to be fair and honest in this process.  If she paid off your debt in full--then be fair and reimburse her for doing so.

Best of luck.


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