Legal Question in Civil Litigation in California

verbal agreement

my ex husband and i divorced in 1999. He received the home and bought me out. He promised if he ever sold the home we shared together he would give me an extra 15,000.00. It was an amicable divorce at the time and so it was a verbal agreement. The reason he agree to give the extra money was because i had carpal tunnel surgery and i recieved a 15,000.00 check from workers comp and we decided to add a sunroom to our home to make it more valuable. there are several people who have heard him say he would pay me the money. One of them is my boyfriend and daughter and co worker I tried contacting him because he is selling the home we once shared. When i did contact him he agreed that he did owe me the money but he had to talk to his wife. We both work for the post office and next thing i know he contacted my supervisor stating that i was harrassing him which is not the case i only contacted him to remind him of our agreement. He told my boyfriend that he and his wife have decided not to give me any money because it was not in writing. What should i do Do i have a chance to sue and get my money. my funds are limited i would not mind going to mediation but i was told by him that he does not want contact with me what should i do


Asked on 4/29/03, 1:10 am

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: verbal agreement

Thank you for your posted question.

You may need to sue to get reimbursement for the $15,000 from him, but you may not be able to get it from the property, as it sounds as though you never recorded a lien against the property.

I wouldn't keep harassing him about the money -- it sounds as though that is not getting you anywhere, and may cause him to file a restraining order or for your work to take other action, which you want to avoid.

I hope that this information helps, but if you have any further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 4/29/03, 4:24 pm
Joseph Richardson Borton Petrini LLP

Re: verbal agreement

Definitely stop being in contact with him. It would be easier if you had it in writing, but if there are witnesses to the agreement, and he's admitted it to you before, you may be able to convince a court. Particularly if your ex-husband would not be a credible witness. The fact that you used the $15,000 workers comp check to improve the home would be important too, as it could be used as evidence that there was some type of agreement.

If it is important enough to you(sounds like it is), definitely consult with an attorney and pursue your legal remedies.

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Answered on 4/29/03, 10:29 pm


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