Attorney Michael Campbell Explains Why Contractual Obligations May Continue Even If A Divorce Agreement Says Something Different
A divorce decree assigning a debt to one spouse doesn't bind the outside creditor, explains Pierce County, Washington attorney Michael Campbell. Even if the family court gave the car loan to the ex-wife, the original contract still controls against the lender—because parties to a contract are entitled to expect it stays binding. The decree governs the spouses, not the creditor.
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Answered by Michael Campbell · Pierce County, WA
Highlights
Frequently Asked Questions
Does a divorce decree bind an outside creditor?
No—a decree assigning a debt to one spouse doesn't bind the lender. Even if the family court gave the car loan to the ex-wife, the original contract still controls against the creditor.
Why does the original contract still apply?
Because parties to a contract are entitled to expect it stays binding—the divorce decree governs the spouses, not the creditor.
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