Skip to main content

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

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


  2. 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. 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.

Divorce topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics