Legal Question in Administrative Law in California

a contract...

my parents at the time of their

settlement for divorse signed and

agreement to divide their belongings

nd even got it notified. Suppose the

prices of the belongings change to an

unfair balance...could one of them

back out now and use the balance of

prices against the other...making the

contract no longer valid?


Asked on 1/23/08, 10:29 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: a contract...

Very doubtful.....one takes the risk of market value changes when negotiating and agreeing to marital priioerty-settlement agreements. It might be possible if there were fraud or concealment involved, but even then property settlements usually become absolutely final after a relatively short time, I think one year. I'd say the contract is valid despite the market-value changes.

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Answered on 1/24/08, 12:20 am
Clayton Lee Russakow, Ryan & Johnson

Re: a contract...

Assuming that they have both signed a binding written settlement agreement, they both assumed the risk that assets taken pursuant to the Settlement Agreement would change in value. The answer is most likely no.

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Answered on 1/24/08, 12:57 am


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