Beware of getting your finances entangled with those of a divorcing heir
Grandma beware!
We divorce attorneys have long known the importance of Grandma being willing to sue their divorcing children over that unpaid debt. Now we know another reason to do so, and separate from the divorce.
If you as grandma get pulled into the divorce litigation as a party, you will lose your right to insist that your money be paid to you or at least a bond be put up.
We knew after Marriage of Van Hook (1983) 147 Cal.Cpp.3d 970 that third party creditors (Grandma) could be enjoined from enforcing a judgment or be the subject of a restraining order even though they were not part of the divorce case. However, in that case, there had at least to be a bond. Not so if Grandma is joined as a party.
So the moral of the story is this. If you are owed money (Grandma): Make sure to sue , and don’t let them suck you into the divorce case.
Keep a clear barrier between your estate and the estate of your divorcing heir. Make sure that your dealings are in writing. Any loans have a written note with repayment terms. Enforce those terms, and sue if there is non payment. You are doing no one a favor by letting it slide.
Thoughts for the day…
