Legal Question in Family Law in California

MSA cannot be fulfilled

I'm in a divorce and my wife and I have seen a mediator. We came to a conclusion and signed the initial mediation agreement.

There are no funds to divide but there is equity in three properties.

Basically we agreed upon that I would keep the family primary residence (PR) and one rental unit. She would get another rental property and $ 100k in cash. At the time of mediation I was seeking a 2nd on the PR. But now I find out that the lender will not loan me the funds until my wife signs off on the deed on the PR. She refuses to do this and wants cash now.

And on her side she doesn't have the credit to assume the $230k loan that is needed to get my name off the loan for the rental unit she is getting.

It's a major screw up......and I feel I got the short end of the stick. So my question is:

Can the agreement we made and signed to during mediation (But the final MSA has not been signed, it is still bouncing back and forth between lawyers) be declined and we continue the path and let the courts settle the matter based on the facts?


Asked on 4/02/06, 8:09 pm

2 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: MSA cannot be fulfilled

In a general sense one would have to review your documents before expressing an opinion in regard to the legal issues and your options. Generally speaking mediation agreements are usually not enforceable, especially under the circumstances you have described.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 4/03/06, 11:07 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: MSA cannot be fulfilled

I would move to enforce the mediation agreement. You have nothing to lose. A mediation agreement is the same as a contract and so long as it was properly executed, I see no reason why it should not be enforcable.

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Answered on 4/07/06, 12:55 am


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