How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33405
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

My daughter was married to a fellow ( john ) who used her seperate

This answer was rated:

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


JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

JD 1992 :

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.

JD 1992 :

The girl actually should have filed a claim in the divorce proceeding or the debt should have been handled through the divorce proceeding.

JD 1992 :

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.

JD 1992 :

My guess is that the court would give it to him.

JD 1992 :

In other words, the court would say it was his debt, not hers, and he is responsible for paying it.

JD 1992 :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please don't issue a rating until our interaction is complete and all of your questions have been answered.

JACUSTOMER-xn7i67iu- :

Excellent! I think like that myself.

JACUSTOMER-xn7i67iu- :

Thanks,

JD 1992 :

You're welcome.

JACUSTOMER-xn7i67iu- :

Tom

JD 1992 :

Best wishes to you and your daughter!

Dwayne B. and other Legal Specialists are ready to help you