Hold Harmless
A clause in a divorce agreement where one spouse agrees to protect the other from liability on a specific debt or obligation.
Understanding Hold Harmless
Hold harmless clauses are common in marital settlement agreements, particularly regarding joint debts. If one spouse agrees to pay a joint credit card, the hold harmless clause means they also agree to indemnify the other spouse if they fail to pay. However, hold harmless clauses do not bind third-party creditors — if the responsible spouse defaults on a joint debt, the creditor can still pursue the other spouse. The protected spouse's remedy is then to go back to court for enforcement.
Real-World Examples
The agreement included a hold harmless clause where he agreed to pay the joint mortgage and protect her from any liability if he defaulted.
Related Terms
A legal obligation where one party agrees to compensate the other for losses arising from a specific debt, claim, or liability.
Marital Settlement AgreementA written contract between divorcing spouses that resolves all issues including property division, custody, and support.
Joint PropertyProperty owned by both spouses together, which must be divided or allocated during divorce proceedings.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.