Legal Question in Family Law in California

Re: Can I sue my ex-husband for the deposit on our apartment?

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://home.pacbell.net/edbjr/ OR

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 you leased the apartment during the marriage, I would think that the deposit would be a marital asset. It, as well as the liability for the balance of the lease, should be covered in your judgment of dissolution. Read your judgment to see if it has a provision for dealing with "after-discovered" or "forgotten" assets and liablities. If so, that provision would control.

If not, you can go back to the court for a ruling. Better still, you and your ex can simply agree as to how to handle the sitution, put your agreement in the form of a (written) Stipulation, and file it with the court that rendered the original judgment as a Modification (clarification).

If you leased the apartment (and paid the deposit) prior to the marriage, both the deposit and the liability (which most likely is specified as "joint and several") would be your separate property asset and liability, respectively. Any lawsuit regarding same probably would be under the jurisdiction of the Family Court, but I suppose you could try suing your ex in small claims in the county where the apartment is located regaarding the deposit and indemnification on the lease.

Contact an experienced Family Law attorney in the California County where the most recent court order originated for specific advise and possible representation on your behalf.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.