If a spouse signs a promisory note to the other spouse, is it enforceable in a divorce?

Asked over 1 year ago - Tampa, FL

If during the marriage one spouse signs a promissory note to the other, can the spouse holding the note collect on it in a divorce?

Attorney answers (3)

  1. John Arthur Smitten

    Contributor Level 18

    Answered . yes. Contact my office for free consultation 727-446-7659.

  2. Betty Elaine Jones

    Contributor Level 18

    Answered . Dear Sir/Madam - Yes a promissory note is an enforceable loan document between the parties with the obvious intent of it being an individual debt to the other. If you would like further consultation or representation call my office for a free consultation 813-681-8383.

    Sincerely,
    B. Elaine Jones, Esq.

  3. Joseph Julius Registrato

    Contributor Level 15

    Answered . What a nice question, and one that requires some study and a bit more information. First I'd like to know more about the note, the circumstances and if some property was purchased as a result of the "loan." Because if the note was to purchase marital property, the concept of equitable distribution might just fog up what ought to be a simple answer. Also, a note like this begins to look a little like a "marital agreement," which opens up a whole other bag of worms. I'd be real careful about this one, it's not the "no-brainer" some people might think.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Debt in a Divorce

Responsibility for debts acquired during marriage may fall upon both parties after divorce, even if only one spouse incurred the debt.

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