Legal Question in Family Law in California
Is there case law setting a precedence for me to still recover my 50% of community equity other than lawsuit?
Divorced Oct 26, 2011 via the LA Superior Ct. Judge entered into judgment our then amicable marital settlement agreement drafted without attorneys, stipulated that since the only significant asset, the house, was then underwater financially, we would not try to sell at that time and that both spouses could reside in the house. If we did choose to sell in the future, we would split 50/50, deducting upkeep expenses. We also agreed to responsibility for paying 50% of the mortgage each. We agreed to split the revenue from 2 renters on the same property (separate structure). No children. I ended up living elsewhere, while she resided at the house. I used the renters income to pay for my half of the mortgage payment continuously. Did not default on terms of MS agreement.
Broke, living in Michigan, August 4th 2015, her attorney tried to serve me a lawsuit via the US mail. I made numerous offers for this to be mediated outside court, they refused any response. Without counsel I agreed to a stipulation (different judge) that I sign over the house without compensation, renounce all claims to renter revenue. Stupid I know, but not financial alternative. Aug. house $140K equity
1 Answer from Attorneys
The primary question that must be answered in your situation is whether or not since this stipulation was entered into last year, you have waived any ability to return to court. The careful review of all documents and the stipulation by an experienced family law attorney is required to properly answer this question.
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