Legal Question in Real Estate Law in California
proceeds from sale of house
sold house, he payed his attorney through his half, my half sits in his attorneys trust account along with his left over half, he is trying to sue me for some of my half, so it sits until we mediate with his lawyer, how do i go about getting my money, he said it was not right that i took his name off title of my car, so he is sueing for lack of fiduciary duty. i somehow made my self richer than him. although he transferred 25k from joint account into his personal account, he also did not pay any mortgage payments for one year, i keep the house out of foreclosure and payed all the utilities, does he owe me back for one half of the house payments and utilities, and all the repairs i did on the house, and what about the 25 he took out of our joint account. does he owe me half of that also. i do have proof of everything. please help. thanks--name removed--
2 Answers from Attorneys
Re: proceeds from sale of house
Is this a dissolution of marriage case? If so, is it still under the jurisdiction of the Family Law Court? Do you have an attorney?
Your mention of breach of fiduciary duty suggests a marital or other fiduciary relationship once existed; lack of mention of your attorney suggests that you are representing yourself. This is unwise. There are lots of Napa County family law attorneys that would take your case with deferred payment. You have a variety of claims that sound valid (if it is not already too late to assert them) and a lawyer's assistance would be very helpful in making a case to the mediator - just separating the legally valid claims from the doubtful and the hopeless would enhance your overall case for maximum reimbursement.
If this is not a dispute resulting from dissolution of marriage or registered domestic partnership, but rather a former "living together arrangement" the law becomes even more complex and the need for a lawyer even greater.
Re: proceeds from sale of house
If his lawyer is mediating, how can his lawyer be impartial. His lawyer owes a duty of care to his client, not you.
If it is your money, then why is it in his attorney's client trust account? Any portion of those funds that is not disputed should be sent to you immediately, or I would contact the State Bar.
Very truly yours,
Anthony Roach, Esq.
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