Legal Question in Family Law in California

court jurisdiction regarding home equity

Divorced 3 yrs. ago. Divorce papers state ''we request court hold jurisdiction on pending Workers Compensation Settlment and equity in the home''. I moved out (wife). We agreed to not sell the house until the kids moved out (they are now out). BIG PROBLEM Approx June''99 ex called me and said he wanted to take advantage of lower interest rates and would I sign off the title as it was difficult to refinance with me living out of state. I signed off with a verbal agreement between us to still let the court decide on the home and workers comp settlement. Ex was injured on the job while we were married and has since received a settlement. Now ex says no way is he going to keep his part of the bargain, says I get nothing as I am the one who moved out AND signed off title. Can I still go to the court request any equity and what about the workers compensation situation? Would I be entitled to any of the settlement since the injury was sustained during marriage? We were married 17 years.

Any suggestions????????? Thank-You, Charlotte Jones


Asked on 5/29/02, 2:52 am

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: court jurisdiction regarding home equity

The court retains jurisdiction over these issues, even if you signed off on the house. You may have an interest in the W.C. settlement, but there are many more questions that need to be answered before a good opinion can be given. Get an attorney and have the house sold or your ex pay you your share... Shop around and you should be able to get one with a low down payment and the balance paid out of the proceeds of the home. Good Luck, Pat McCrary

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Answered on 5/29/02, 9:47 am
Matthew Kremer Law Offices of Matthew M. Kremer

Re: court jurisdiction regarding home equity

Personal injury and worker comp awards are usually the separate property of the injured party, except to the extent that the payment is for lost wages during the marriage before the separation.

You might have a problem with the house. An oral contract related to real estate may not be enforceable. However, with the court retaining jurisdiction, you might be able to convince the court to order an equalization payment.

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Answered on 5/29/02, 11:43 am


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