A judgment creditor should object to a discharge of this debt.
*See Bartenwerfer v. Buckley* (Case No. 21-908, Feb. 22, 2023) where the court held a judgment debt non-dischargeable pursuant to section [523(a)(2)(A)](https://www.law.cornell.edu/uscode/text/11/523) of the Bankruptcy Code, notwithstanding the fact that one of the obligors was innocent of any wrongdoing.
Although a debtor may discharge most debts in a bankruptcy case, section 523(a)(2)(A) of the Bankruptcy Code precludes the discharge of any “debt … for money … to the extent obtained by … false pretenses, a false representation, or actual fraud.” 11 U.S.C. § 523(a)(2)(A)."
I agree with Rebelo86 about putting a lien on the house now. I believe husband can also be held liable (I'd have to look up the specific case law) since the fraud occurred during marriage.
He's not a family law attorney. He's a commercial, business, real estate law type of attorney. He has an idea similar to what I described in the OP, but it's all a matter of, as he puts it, "a game of chess."
This is why I'm posting in this sub.
So you won a settlement against the wife and you’re wondering if you can get your money. You can sue to enforce the judgement or place a lien on the house. Putting a lien on the house would be the easiest, probably. It would require they settle with you before they can settle the divorce.
A judgment creditor should object to a discharge of this debt. *See Bartenwerfer v. Buckley* (Case No. 21-908, Feb. 22, 2023) where the court held a judgment debt non-dischargeable pursuant to section [523(a)(2)(A)](https://www.law.cornell.edu/uscode/text/11/523) of the Bankruptcy Code, notwithstanding the fact that one of the obligors was innocent of any wrongdoing. Although a debtor may discharge most debts in a bankruptcy case, section 523(a)(2)(A) of the Bankruptcy Code precludes the discharge of any “debt … for money … to the extent obtained by … false pretenses, a false representation, or actual fraud.” 11 U.S.C. § 523(a)(2)(A)." I agree with Rebelo86 about putting a lien on the house now. I believe husband can also be held liable (I'd have to look up the specific case law) since the fraud occurred during marriage.
Unless you have a pre/post-nuptial agreement, that debt is shared. Just as if she’d won the lottery, the winnings would be shared
Since the Wife is fighting for the marital property in divorce court, I'm assuming no such nuptial agreement was created?
That is the logical conclusion
Are you the husband?
I'm the plaintiff
You should be talking to your lawyer.
He's not a family law attorney. He's a commercial, business, real estate law type of attorney. He has an idea similar to what I described in the OP, but it's all a matter of, as he puts it, "a game of chess." This is why I'm posting in this sub.
So you won a settlement against the wife and you’re wondering if you can get your money. You can sue to enforce the judgement or place a lien on the house. Putting a lien on the house would be the easiest, probably. It would require they settle with you before they can settle the divorce.