Legal Question in Family Law in California

Can I amend final divorce judgement?

My divorce was final in 1994, at that time it was assumed that the house (that I continue to live in) would be sold right away. In the final papers I waived my epstien rights in the sale. Well, it is now 10yrs. later & I feel it would be unfair not to consider the 10yrs. of mortgage payments & repairs I have made. Can I amend the judgement? If so- how do I go about it? Also, is it something I can do myself with a form?

Thanks


Asked on 7/20/04, 6:12 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Can I amend final divorce judgement?

It depends upon the precise wording of the decree. You may have waived past Epstein credits or all Epstein credits. However, any Epstein credits that you receive may be offset by the fair rental value of the residence. Final judgments concerning property rights generally cannot be modified without the consent of both parties. This is a tough case for an attorney, as there are not necessarily any black and white rules, it would be difficult for you to handle this by yourself. Good Luck, Pat McCrary

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Answered on 7/21/04, 10:32 am


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