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  1. #1
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    Sep 2016
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    Default How to Contest a Marital Settlement Agreement

    In California, after a divorce, how much time do you have to dispute or contest a marital settlement agreement (MSA)? The wife was given the home as part of the settlement but now, 18 months later when she is trying to refinance, her ex- won't sign a quit claim deed to remove himself from the title. There is no deadline in the MSA for the issuance of a quitclaim deed. The husband says that he is now going to go back to court and try to keep a share of the home.

  2. #2
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    Sep 2005
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    Default Re: How to Contest a Marital Settlement Agreement

    When no time is specified in an agreement, that is not ordinarily a basis to revise or overturn the agreement -- the court will normally infer that the described action is to occur within a reasonable time. If the MSA requires that the ex-husband convey his interest in the home to the ex-wife, and he has not done so, it sounds like the ex-wife should be petitioning the divorce court to order her ex- to comply with the divorce judgment. On the limited facts as stated, he has not stated any basis to revisit the terms of the MSA or to get a share of the home.

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