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Debt After Divorce

by Hank
(Reynoldsburg, Ohio)

Can you take your ex spouse to small claims if the dissolution stated "no shared debt"?

My ex-wife and I had a dissolution recently and on our paperwork we filed that we had no debt between us.

After the dissolution was final I received a notice in the mail from a collections agency for the two of us. This debt was in reference to the last apartment that we shared while being married and were both on the lease, apparently we owed them one more months rent.

I discussed this bill with her and she verbally agreed to pay me half of it if I paid it all off so that she would have clear credit to move into a new place that she was trying to get. For almost 3 months she kept putting it off but still telling me that she was going to pay it when she got the money.

Since then, she has changed her phone number, moved, and blocked me from contacting her via email.

So my question is: Am I able to take her to small claims court for this debt even though our dissolution states that we had no debt together?

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Debt After Divorce

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by: Anonymous

This is not a clear question. The first two sentences are not the same. "No debt between us" does not mean "no shared debt".

It seems like, however, the woman has novated the dissolution statement  - or agreed to waive the benefit of it for her in this regard - by agreeing to pay. As always it is a question of proving this but the husband seems to have sufficient details.  

The husband must also check that the law of the particular jurisdiction does not provide that "dissolution" statements are inviolable on all accounts. 

Given that this was a debt not known or anticipated, it seems, before the dissolution, perhaps an amendment to the statement would be possible. Either way, he is just as liable as her, for the dissolution statement works both ways. 

These must be checked before proceeding with the small claims court.

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