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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88194
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If my husband and I entered an agreement to how to split property

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If my husband and I entered an agreement to how to split property during our divorce but other bills show up after the judgement and it wasn't outlined in the agreement do we both pay, because he stating they are mine now and he doesn't owe anything but what was outlined.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) What are the bills for?
2) Are they for the time before or after the divorce?
3) In your name, in his name, or both?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

Most are things like medical, student loans & general bills created while we were married that have both our names. I took on the home loan and car loans bills because he wouldn't give me a divorce unless I agreed but now other bills are coming in that I didn't know of and he wants me to take them over as well. We did a FL-144, 160 & 180 paperwork for our divorce & at the time were still friends so it was no big.

Expert:  Ely replied 1 year ago.
Thank you, L.

This is not unusual. By default, what happens is that for loans that have both of your name on it, both of you are liable to the creditor. Now, if the loan is in both of your names but was for the benefit of only one individual, then the family court may order that party to repay the loan wholly themselves, based on equity (fairness).

However, this is not automatic. If the two of you cannot agree, and it seems that you cannot, what has to be done here is that one party must file what is known as a Motion for Clarification as a post-decree motion. The Court then will hear the matter and will render a supplemental order that addresses who is to pay what based on equity (fairness).

However, one does have to file the motion to have this happen. An attorney is highly recommended here. May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. Alternatively, the motion may be found on sites like www.usalegalresource.com.

Often, the mere threat of filing this will have the other party agree to work out a deal to avoid going back to Court and having the Judge decide.

I hope this helps and clarifies. Good luck.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Family Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your generosity.

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