Asked over 2 years ago - Huntington Beach, CAFlag
My ex and I filed for a dissolution of marriage and had made agreed to pay on a credit card that was in his name. I have paid half of what I believe to be the balance, and he is threatening to take me to small claims court. He also has refused to give me back my wedding and engagement rings and refuses to put their value towards my share of the debt. Can he take me to court for a debt that was not listed in the property settlement agreement?
If your ex tries to take you to small claims to collect, he will be going to the wrong court. All the disputes between you have to be resolved through your divorce, and that would include any requirement that he return your jewelry.
In most cases, the person who gets to the courthouse first in a divorce will win, so apply to enforce your divorce terms to obtain the return of your jewelry. That will put him in the defensive position.
Hope this perspective helps & good luck!
If the debt occurred during marriage and it was a community debt, then the court still has jurisdiction and you may have to go back to the court to sort it out. He cannot do it in small claim court but the original family court. The court would want to know the reason the debt was omitted. If it was intentionally concealed then the settlement can be set aside within a certain time limits, according to family code 2122.
24,797 answers this week
2,568 professionals answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary