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?
1 Answer from Attorneys
Re: Post property settlement issue
Dear Inquirer:
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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.