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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99510
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husbands and his previous wife had incurred a A LOT of

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My husbands and his previous wife had incurred a A LOT of debt. My husband and I have a prenuptial agreement. I ended up paying off the debts that he and his first wife had. Can I sue her for half the debt amount?
Submitted: 1 month ago.
Category: Family Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Unfortunately, she would have little liability here. In other words, the answer is no.

If you had a prenuptial agreement that stated that you would pay off some of his debt (which happen to be his and hers together), and you did so, then someone in your situation was following the duty you voluntarily entered into when signing the prenuptial agreement.

The fact that she stands as a third party beneficiary since her debt is "folded" into his does not mean that she is automatically liable to you because you had to contractually pay his debt.

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