Legal Question in Family Law in California
Re-Opening A Marital Divorce Settlement
Divorce is final and I feel that I did not get my fair share of what I am entitled. We had approx $60,000 to $80,000 in equity of the home and I ended up with $5,000 because my lawyer told me I was not entitled to it. My ex husband and I had joint tenancy on the deed to our house, but I was never given copies of the deed.
He also never disclosed some financial documents.
He was a criminal prosecutor, now family law lawyer, and he represented himself.
Please advise....
2 Answers from Attorneys
Re: Re-Opening A Marital Divorce Settlement
sounds like he committed a fraud which could be grounds to open it up again.
Re: Re-Opening A Marital Divorce Settlement
If there was $80K equity, why did you get only $5K? Did your ex own the home prior to the marriage? Did he put his separate property into the house? When your lawyer told you you were only entitled to $5K, I have to believe you asked him why and he explained. What was his explanation.
If there was a failure to make material disclosures on the preliminary and/or final declaration of disclosure, that can be a basis to set aside the judgment. You should do so within one year of entry of judgment.
If there was actual extrinsic fraud, there is no time limit to set aside the judgment.
I suggest you invest a couple of hundred dollars or so to have another atty review your judgment terms.
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