If I signed a notorized letter to my ex-wife saying that I’d pay one of her credit cards off, will this letter hold up in court if she tries to sue me?

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If I signed a notorized letter to my ex-wife saying that I’d pay one of her credit cards off, will this letter hold up in court if she tries to sue me?

I made some payments but stopped.

Asked on December 22, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

It's a contract, but it's not necessarily pivotal in the family law case.  The judge SHOULD disregard it unless she files a separate cause of action for breach of contract in a different court.  However, judges have a tendency to do whatever they want--and are allowed to divide up debts and assets in divorce cases in a way that serves equity and fairness.  So, a judge could construe that since you promised it would be fair to assign that debt to you.

Good luck.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Quite possibly. Depending on the wording of the letter, it could well constitute a binding contract. At the very least it could evidence that there was a binding verbal agreement. Also, you don't indicate what, if anything, was addressed about this in your divorce decree. At this point, you should have a local attorney review the matter for you.


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