Legal Question in Family Law in California
In our stipulated judgment, we agreed to sell house and divide proceeds. House didn't sell, so I bought him out after we reached an agreement as to how much I would pay him: part from cash-out from refi, and part from my share of his lump-sum retirement (he signed quitclaim deed and I have canceled check for partial payment to him).
Now he's retired, and we disagree on the amount I owe him.
QUESTION: Since we opted not to follow our stipulated judgment, is the buy-out agreement we reached under the court's jurisdiction? We didn't amend our judgment, we didn't enter into a new stipulation; we just did it on our own. He wants the court to decide how much I owe him.
1 Answer from Attorneys
You need to talk to a competent family law attorney. The fact that you did this without amending the judgment or getting a written stipulation causes me concern.