Asheville, NC asked in Contracts and Landlord - Tenant for North Carolina

Q: My wife and I are divorced. we have written signed agreement that she would be responsible for paying the remaining

money owed on a rental. She didn't. now the landlord has taken it to small claims court and I am on the summons. Will the written agreement free me being liable for the money owed?

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1 Lawyer Answer

Paige Kurtz

Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: The agreement between you and your wife does not absolve your responsibility to the landlord as the landlord was not a party to the agreement and did not agree to release you from the obligation. However, if you have to pay the landlord or incur that liability, then that would be a breach of the agreement with your ex-wife. You would then have to file a lawsuit to seek damages from her for that breach.

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