Legal Question in Family Law in California

I am 50 years old. I currently live in California. I was living with my husband for about 6 years in California and was divorced in California in 1997. The date of final paperwork signatures was approximately 10 years and 4 months after the date of our marriage.

I completely trusted my ex. When he asked me if I would want alimony I said no.

He verbally told me that he would pay for my health insurance and give me 10k shares, half of the shares that he said we owned in his current company. He asked me if I wanted a lawyer and I said, no worries, I trusted him. He had the paperwork drafted by his lawyer and I signed it, without even reading it, because I took him at his word. He then later had me sign another legal agreement to not take any interest in a house that he bought while we were still married (this house was purchased about a year before the divorce was finalized). I signed this document as well. I had actually found this house so that he and his girlfriend (who I match-made), and I could all live together in. We were all the best of friends. In exchange for living there, I did all of the housekeeping. This was transitional while I looked for a place to buy with the money I received after exercising the 10k stock options that he transferred to me.

He did pay for my insurance for several years after the divorce as he said he would, and of course as I said, he transferred the shares in 1997. I lived with my ex and his girlfriend from 1997 to 1999. In 1999, my ex and I purchased a condo together, jointly, though he never gave me paperwork that shows me to be on the title and he has been paying the property taxes and condo fees. I have used my funds to do all the initial pre-move in improvements, appliance purchases, refinishing and maintenance expenses needed on the inside of the condo since the purchase. After we purchased the flat, he promised that if I ever wanted to sell it that he would give me his share of the principal and profit from the sale. Then a few years later, he said he had paid off his share of the mortgage in the condo. I wrote him a check for 110k. I put about 75K into initial improvements. His share of the mortgage was 230K.

For tax reasons, and because I've been considering selling the condo, I recently (around March, 2014) looked up some of my official paperwork concerning the condo, specifically looking for paperwork about the title and my ownership in the condo. There was very simple contract, 1 page, given to me by my ex that said I had purchased half ownership of the condo.

Meanwhile, my real estate agent (who I also used to buy this condo) looked up the title information and she couldn't find my name on the title. My ex was the one who did the mortgage arrangement and had his lawyer print up this little contract about ownership. I called texted him about this and he said he had the paperwork somewhere and would send it to me, but he hasn't. Granted, he has been incredibly busy, so I haven't pursued it again yet, because I'm not ready to sell yet, and I trust him.

So, onward... when I looked for this paper, I happened upon the divorce papers. I decided to read them...

Basically, the agreement promised he would pay for my health insurance, take out a life insurance policy (minimum 125K), and give me 30k of stock options in his company (which is half of what he owned in this company).They would be distributed to me in 1997, 1998, and 1999, in 10K increments.

This is of course 20K MORE than he actually gave me. Had I gotten those shares in those years, I would have cashed them in. In 1998 alone, the average high value of these shares was $179 per share. I never would have had to buy a condo with him if he had given me these shares and I would own this condo outright, as well as half sufficient retirement funds. And the interest alone would have been more than what he has helped me with (which I calculate to be approximated $500k since our divorce).

At this time I run my own business, which is renting my second bedroom to interns, students, traveling nurses, etc., but with a hospitality orientation, like a guest house. Because of all the physically demanding work that I do, I am now suffering from severe tendinitis in both arms. This limits not only my work, but my everyday activities. All of these years I have been trying to support myself, pay my own insurance, paid for my own tonsillectomy because I couldn't afford insurance that would cover it, etc. etc. I thought I was helping my ex out, to move on with his life and not be worried about me, so I didn't ask for help.

I do not know what his reasons were for not giving me the shares, but unfortunately because I trusted him, I simply signed the agreement without reading it thoroughly, taking him at his word. I would like to give him the benefit of the doubt that he simply forgot. But, since I have discovered this major discrepancy, I believe that he should compensate me. I believe it would be fare for him to compensate me for the value of those shares, for that high average value for 10k in 1998, and for 10k for the high average value in 1999. Is this reasonable to ask for?

He and I have remained good friends for all these years, me visiting him and his family over the years. The past few years things have been strained, I assume because his family has grown, and his responsibility in his current company.

It's a sad story for me, because the reason we got divorced in the first place was because when he started talking about having children, I realized I did not want children. Not too long after this, I purposely introduced him to his now wife, and they have four children. All I ever wanted was to help him have the happiest life possible. It was the best relationship I've ever had. I did not want to go, but I wanted HIM to be happy. I lost not only my best friend, my love, but also the most harmonious and mutually supportive and respectful relationship I've ever had. I sacrificed everything for his happiness. My family thought I was crazy not to ask for more after I had spent my life supporting and taking care of him. I told them, I trust him. So, you can imagine that I am extremely confused and saddened to find out that he was not honest with me and potentially purposely neglected to transfer those shares to me.

I want to ask him to gift me funds, transferred to my savings account, to compensate for these shares, hoping that he will do the honorable thing. I'd like to keep it simple, and just ask. But, I'd like to know if he has legal obligation to honor my request.

I wasn't sure what level of question this would be considered for the paid options.

Thank you,

Sarina

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