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Can I sue my own wife?

Asked over 2 years ago - Quakertown, PA

Lawsuits

In the past, my wife has been dishonest with how she spends our money. I pay for everything, the house her car, everything. She wants to get some repairs done to our home. If I use my credit cart to pay for repairs, she promises to pay me back when she gets injury settlement money in a few months. I want to write a written contract. However, if she does not pay me back, can I take her to small claims court?

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Attorney answers (2)

Theodore Lyons Araujo

Reputation Level 20

Answered about 2 years ago. Bankruptcy Attorney in Syracuse, NY.

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Theoretically you can sue your wife in civil court for any number of causes of action. Divorce for example. However on the facts that you are stating aren't you repairing your own home? Aren't you the beneficiary of the repairs?

If she does not repay you what are the damages?

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

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Cary Bartlow Hall

Reputation Level 14

Answered almost 2 years ago. Litigation Lawyer in Souderton, PA.

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I honestly think that if you were to sue your own wife in small claims court, your friendly local District Court judge (Judge Roth, in Quakertown) will come dangerously close to taking both of your heads and conking them together to make the coconut sound.

Legal question aside, do you really think it's good for your marital bliss to sue your wife? If you want it any colder in your house, it would be much easier just to turn down the thermostat! All joking aside, it really sounds like you two could benefit from some marriage counseling if you're even considering legal action like this. Penn Foundation is a great local option. Seriously. Good luck!

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