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  1. #1
    Join Date
    Jul 2018
    Posts
    2

    Default Divorce

    My question involves a marriage in the state of: California

    Hi, I am desperate for some answers..

    I went through a divorce and a judgement was signed where the home was agreed to be divided in half after 5 years. For your reference we married in Las Vegas and resided in California.

    However my ex claims that the deposit of about 80K is hers because it came out of her checking before marriage, even though I gave her half of the deposit so she can pay on our behalf in a lump sum.

    So my question is, does the Judgement supersede her claim, if true?

    Thank you kindly for your time.

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Divorce

    If your ex had had a legitimate claim to more than half of the value of the house she should have argued that claim in court during the divorce.

  3. #3
    Join Date
    Jul 2018
    Posts
    157

    Default Re: Divorce

    Quote Quoting sonicchill
    View Post
    My question involves a marriage in the state of: California

    Hi, I am desperate for some answers..

    I went through a divorce and a judgement was signed where the home was agreed to be divided in half after 5 years. For your reference we married in Las Vegas and resided in California.

    However my ex claims that the deposit of about 80K is hers because it came out of her checking before marriage, even though I gave her half of the deposit so she can pay on our behalf in a lump sum.

    So my question is, does the Judgement supersede her claim, if true?

    Thank you kindly for your time.
    If you are asking whether or not your ex wife can offset against your decreed 50/50 split of the proceeds of the sale of home a claim or credit that supposedly arose prior to the entry of the decree, the answer is absolutely not. That decree - along with whatever findings the court made concerning marital and or individual assets, debts and obligations - has long since entered the realm of "res judicata" and cannot be collaterally disturbed, altered or adjusted in any manner without mutual participation.

    If your post is meant to say that a closing agent (title company, real estate agent, bank escrow department, attorney or whatever) is holding the "80K deposit" subject to instructions, you should promptly provide the agent with a certified copy of the decree (or an abstract of the pertinent clause) together with a letter demanding that it be promptly dispersed in accordance with the decree. I strongly suggest that you do so through your attorney.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Divorce

    For anyone who might care, there is a lengthy, existing discussion at another site, which provides some (but not all) additional, relevant information.

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