Legal Question in Family Law in California

Separate property not included in Marriage Settlement Agreement

My ex-wife hired an attorney who was utilized to prepare a ''Marriage Settlement Agreement.'' I was not represented. Prior to our marriage, we each made separate investment purchases (Savings Bonds). However, knowing we were to be married months later, we placed each other on the ''registration'' for our bonds. These bonds were not included in the Agreement, since it was verbally agreed that each belong to the respective purchaser. However, my ex-wife refused to return the Bonds and abruptly relocated. She redeemed the Bonds purchased under my social security number and still retains the Bonds purchased under her SS#. Do I have any recourse to sue her for my portion of the investment? Would this fall under ''Separate Property'' since the Bonds were purchased with separate funds, prior to the marriage (even though we had joint registration), Community Property, or neither? What steps do I need take? If the amount is within the limits of Small Claims, can I file there? Or since the Dissolution was handled in Superior Court, would they retain jurisdiction? Also is there a Statute of Limitations? I appreciate any and all advice and/or assistance.


Asked on 11/10/00, 7:00 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Separate property not included in Marriage Settlement Agreement

Hopefully these bonds were covered in the Marital Settlement Agreement!! If they were not than you would need to go back to the family court and try to get the MSA set aside, if they were than you would have to go back to family court and enforce the MSA. If you sue in any other venue your ex would assert that the property was disposed of in a dissolution action and probably get the case dismissed. If you are in Southern California and would like a free telephone consultation give me a call at 818-342-8020 x1

Read more
Answered on 11/20/00, 7:08 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California