Can my spouse prosecute me for using his card for utilities after he left me?
We were married twenty two years in the state of Tennessee. He left me and my two children 12 and 16 with no support of any kind. After he left he moved in with another woman, still not helping me. In our divorce I agreed not to order child support if he would help me and sign a quit claim deed to my house. He agreed yet never signed the quit claim deed and is now demanding 15000 from the sale of the house or he will prosecute me for using the card for bills, which I had always done throughout our marriage.
3 attorney answers
It is hard to believe that a Court would agree to allow no child support to be ordered in exchange for a home, unless, the amount to be received would have satisfied the entire amount of child support to be paid in lump sum for all the children. More to the point, if he has not signed the quitclaim deed and that provision was in the final decree or martial dissolution agreement, then he may be in contempt. As far as the credit card, are saying you used it post-divorce? It makes a difference. It sounds as if either you or both of you were not represented.
You need to consult a local experienced family law attorney to discern your best options.
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Mr. Rasberry is right. You need to talk with a lawyer to pin down the details of the situation. Whether you were allowed to use a card to pay bills has nothing to do with the proceeds from the house. Don't get strongarmed into making a bad decision. Get a lawyer to help you handle the situation.
YOU NEED TO CONSULTWITH A LOCAL DIVORCE ATTORNEY. IF THE CARD WAS A JOINT ACCCOUNT, THEN HE CANNOT PROSSECUTE YOU. YOU SHOULD NOT TRY TO HANDLE THIS ON YOUR OWN.