Legal Question in Family Law in California

Post property settlement issue

My ex-wife and I separated in December 1998. She vacated our personal residence in May 1999 by abandoning it to me. I was subsequently awarded the residence by the Court in May 2000.

The local gas company has agreed to rebate me $3,000 for overcharges stemming from 1992 forward, much of this time while my wife and I resided in the home as husband and wife. Even though the property settlement was final three years ago, must I treat the refund as community property for the period we resided in the home together? There were other community property debts that she left for me upon vacating the home. May I offset those as a fallback position? Or, should I just be generous?


Asked on 6/05/03, 4:29 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Post property settlement issue

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Read what your judgment says about "after discovered" or "undisclosed" community property. If the refund is an unexpected windfall, she probably is entitled to half. If she failed to make court-ordered payments of community property debts, and you made said payments, you probably can get away with taking an offset against her share of the refund.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 6/07/03, 4:03 pm


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