Navigating the Grey Area of Debt Repayment
So I got this question: Can my wife pay back her father for a debt we owed him from the joint account after she’s filed for divorce?
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma, I focus on fathers’ rights, and I have about 25 years of experience.
Debt Legitimacy
This issue comes down to a few things. First, is the debt even legitimate? In divorces, it’s not unusual to suddenly see one spouse repaying their parents for “loans.” Sometimes those loans are real, sometimes they’re questionable. Even when they are legitimate, maybe the parents weren’t expecting repayment until the divorce came up and they started worrying they wouldn’t get their money back.
Here’s where the automatic temporary injunction comes in. Once a divorce is filed—and once the other party is served—it prohibits either spouse from transferring, hiding, or dissipating marital assets. That includes moving money to third parties without proper justification. Extraordinary expenditures must be disclosed and accounted for.
Possible Exceptions
Now, you probably won’t get the court to force her parents to return the money directly. But, the court can hold your wife accountable for wrongfully disposing of marital assets. When the property and debts are divided, the judge can adjust the numbers to account for that.
Could it be allowed under an exception? Maybe. For example, the injunction does allow money to be spent on attorneys or reasonable living expenses. If the loan was specifically for legal fees, or for necessities like rent or groceries, her repayment might be arguable as falling under an exception. But if it was just a way to pull money out before division, she could face consequences.
Consultation
Give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900 if you’d like a consultation on this or any other divorce-related issue.
