My daughter was married to a fellow ( john ) who used her seperate money to buy a rent house. John leased the rent house to his daughter by previous marriage and put clause in contract for an option to buy before expiration of lease. John obtained Earnest Money from his daughter with the stipulation that Earnest Money would be returned before the end of lease if she chose not to buy by expiration. Lease expired in February of 2013. Money was not returned by John and my daughter never acquired any of the money. Divorce between John and my daughter April 15. Part of the divorce settlement included my daughter acquiring the rent house. John's daughter has sent my daughter a Certifed letter ( Today ) requesting return of the Earnest Money. It seems to me this request should have been made before expiration of lease ( Feb ) while still married. Is my daugher responsible for any part of the agreement between John and his daughter? Thanks, XXXXX XXXXX
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I don't think your daughter would be solely responsible. This debt, if there is one, would be either a community debt or a debt of his, depending on the exact agreement, how it was written, etc.
The girl actually should have filed a claim in the divorce proceeding or the debt should have been handled through the divorce proceeding.
What should happen now is your daughter's divorce lawyer should ask the court to reopen the divorce and assign this debt to someone, either her, him, or apportion it between them.
My guess is that the court would give it to him.
In other words, the court would say it was his debt, not hers, and he is responsible for paying it.
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Excellent! I think like that myself.
Best wishes to you and your daughter!
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