Legal Question in Real Estate Law in California

Re: Done Deal

It depends what the intent of the original agreement regarding the quitclaim was. Was there a written agreement it went along with that showed that was what she is settling for in total. But she waved the right to the other $10,000, in writing. If not you may have a hard road to howe. It will be a matter of proof and who a judge believes if they proceed. You can show and claim oral agreement, and if she did anything that actually help you to show that that was an oral agreement than that is in your best interest. Otherwise it's a she said he said situation and who the court believes. Based on what you said in your question, which does not take into consideration numbers of other facts which you have not told us, she may minimally have a right to $10,000 if you can show you paid or $10,000 and that was partial payment minimally toward the 20. You'll also depend upon which county you're in, their family Law Court and judges and numbers of other factors.

Re: Done Deal

Its hard to tell from the question exactly what the marital settlement agreement or decree actually requires. The usual requirement is that a divorcing couple must divide their community property and community debts equally. Since their house is often both their largest asset and (with the mortgage) their biggest debt, very often making an equal division requires selling the house, paying off the mortgage from the gross proceeds, and dividing the rest in whatever proportion is necessary to equalize the distribution of assets and liabilities.

Now, in this case, it looks as though the settlement agreement or court decree required the sale of the house in order to produce cash, and that $20,000 was the amount of cash needed to pay off the ex-wife, i.e. to give her a 50% share of the assets (and liabilities).

If that's a correct interpretation of the facts given, then paying only $10,000 leaves another $10,000 to be paid. Failure to pay could result in legal action.

However, the question doesn't give enough facts to enable LawGuru to answer with any certainty. You may want to ask for a free initial consultation with a local family law (divorce) specialist. It's more that area than real estate law.