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Texas. I am about to get married. My fiancee has been married once before. Their divorce decree states that she should pay one of her ex-husband's student loans. She could not afford a lawyer at the divorce and signed it to get out. After the divorce her ex told her not to worry about the loan, he would pay it. That was 4 years ago. When I saw the divorce decree I felt like we should have an attorney look at it. My future wife instead called her ex to talk it over. Her ex has remarried and his new wife naturally would like my fiancee to start paying the bill. She sent an e-mail, and in it confirms that the ex husband did tell my fiancee that he would pay the bill "until she could afford to pay on it". The loan is in his name and does not show up on my fiancees credit report. What am I on the hook for here? How binding is the divorce decree? Would her ex have to take us to court to get the money? Does the e-mail his new wife sent show a post nuptial agreement?
Submitted: 33 days and 7 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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State/Country relating to Question: Texas
Posted by
D. WINOGO ESQ.
33 days and 7 hours ago.
Answer
The divorce decree is absolutely binding. The ex-husband's statement would ordinarily constitute what is called a "novation" which means a change to the decree or contract terms. However, for the decree or contract terms to be changed, the "novation" would have to have been put in writing. Therefore, your fiance is still on the hook for her ex's student loan payments. You personally cannot be held liable to pay off this dent on behalf of your fiance if you get married.
33 days and 7 hours ago.
Reply
Can you tell me if she is on the hook for the total amount in the decree, regardless of whether the ex husband pays off the loan...meaning would she owe the money directly to him? Or if the loan is paid off, does it desolve the issue?
Accepted Answer
If the decree states that she was to pay off the loan, then if the loan gets paid down through other means, then your fiance is only obligated to pay the balance off.
Expert:
D. WINOGO ESQ.
Pos. Feedback:
98.5 %
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Answered:
10/20/2009
Attorney
8+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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