Legal Question in Family Law in California
property settlement together we sold one and bought another
In 1998 my husband and I separated not legally, but during this time we sold a house and my kids and I moved into the new house. Now the problen is this- I was in the hosp while he bought the property and the day I got out we went to the escrow. office. He asked me at the escrow office if I would deed the property over to him so we could get a better interest rate. I said only if you write me a promise note that the property is joint tenacy in commom and you deed the property back to me. He wrote the note and the escrow officer notorized it. He never did deed the property over to me. Now 2003 we are divorced and he wants to sell, he says the property is all his. No money was used before our marriage to buy the first or this last property. Will he win his case? How will the court see this. thank you.
3 Answers from Attorneys
Reply: property settlement together we sold one and bought another
You have complicated issues that can not be resolved given the limited information that you have provided in your question.
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 family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: property settlement together we sold one and bought another
Difficult to assess without reading the "note".
What I don't understand, is why wasn't the "note" part of the divorce proceeding and why weren't the parties' rights/obligations dealt with in the judgment?
That said, I would presume you have some legal rights. To prevent the sale, you would want to record a Lis Pendens; retain counsel before you take any such step, however, for a full assessment.
Re: property settlement together we sold one and bought another
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 --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry. However, if the house is not mentioned in your divorce judgment, it may be an "omitted asset." If so, you might be able to still get your share. If there is much money at stake, contact an experienced Family Law attorney in the county where you got your divorce for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
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