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Dissolution Judgments after Death

Posted By Castellanos & Associates, APLC || 29-May-2015

When an ex-spouse dies, the assets of the decedent estate may be highly contested in Probate and Family Law courts. In particular, a dissolution judgment may prove to be a headache for an executor or administrator of the decedent’s estate who may potentially have to deal with two proceedings, one in Probate and another in Family law courts.

One unique feature of family law is that recent revisions to the Family Code now make dissolution judgments enforceable until paid in full. This is noteworthy because other debts that a decedent owes at the time of death may not be collectible. This is not so with dissolution judgments entered against the decedent under Family Code § 291.

Dissolution judgments can include child and spousal support payments. The decedent’s representative is tasked with figuring out whether judgments against the decedent have been satisfied or whether the decedent is in debt to any creditors in the judgment.

General defenses to the enforcement of a judgment include “laches.” Laches relies on the principle that a person who sits on their rights loses their ability to seek the courts assistance. An unreasonable delay in enforcing a right potentially causes great harm to the opposing party. However, under Family Code § 291 the estate must ensure the judgment or order is paid in full even if the party seeking enforcement of the judgment has sat on their rights for decades.

Categories: Divorce

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