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Is it ever over? Suing me after divorce is final

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e6973

Junior Member
What is the name of your state? California
Can your ex take you back to court after the divorce is final because he is unhappy with the marital settlement agreement? Our divorce was final in February 2007. Marriage was four years, no children and no major assets were purchased. I owned a home prior to the marriage. In December 2006 we went to court and agreed to an uncontested divorce. We completed a settlement agreement at that time. The terms of the MSA were that each of us would retain all property in our name and in our possession. We were each to assume responsibility for all debts in our name. We did not mown anything jointly. My ex was to repay a $2500 loan to a family member.

I owned a 1995 vehicle that I sold in 1999 to my former ex-husband. He didn_t transfer the title to himself so it was still in my name. My new husband wanted the car and agreed in June 2003 to pay him $2500.00, but never did. In 2004 the transmission failed, and it has been non-operational in my driveway for three plus years. In April, he was sent a letter demanding payment for the loan or legal remedy would be sought. He wrote via email with an agreement to make monthly payments and has begun to pay. In April and May 2007 he also wrote me several times via email and instructed me to get rid of the car, give it away or have it towed away because he didn_t want to bother. I kept the emails. He also never transferred the title to his name although he was given the pink slip, and he also lost the pink slip. Last week he wrote to say he was coming by to have the car towed away. I wrote him and let him know that I had it towed away to the junkyard. I have a receipt! Now he states that he is suing me for the car as those emails don_t mean anything. He will also not pay the loan either. He now feels that our divorce settlement was unfair and that he wants part of my house and antique collection. Can he take me back to court, to sue me for equity in my house or the car? Is any of this possible?
 


LdiJ

Senior Member
What is the name of your state? California
Can your ex take you back to court after the divorce is final because he is unhappy with the marital settlement agreement? Our divorce was final in February 2007. Marriage was four years, no children and no major assets were purchased. I owned a home prior to the marriage. In December 2006 we went to court and agreed to an uncontested divorce. We completed a settlement agreement at that time. The terms of the MSA were that each of us would retain all property in our name and in our possession. We were each to assume responsibility for all debts in our name. We did not mown anything jointly. My ex was to repay a $2500 loan to a family member.

I owned a 1995 vehicle that I sold in 1999 to my former ex-husband. He didn_t transfer the title to himself so it was still in my name. My new husband wanted the car and agreed in June 2003 to pay him $2500.00, but never did. In 2004 the transmission failed, and it has been non-operational in my driveway for three plus years. In April, he was sent a letter demanding payment for the loan or legal remedy would be sought. He wrote via email with an agreement to make monthly payments and has begun to pay. In April and May 2007 he also wrote me several times via email and instructed me to get rid of the car, give it away or have it towed away because he didn_t want to bother. I kept the emails. He also never transferred the title to his name although he was given the pink slip, and he also lost the pink slip. Last week he wrote to say he was coming by to have the car towed away. I wrote him and let him know that I had it towed away to the junkyard. I have a receipt! Now he states that he is suing me for the car as those emails don_t mean anything. He will also not pay the loan either. He now feels that our divorce settlement was unfair and that he wants part of my house and antique collection. Can he take me back to court, to sue me for equity in my house or the car? Is any of this possible?
Anybody can sue anyone, for anything, but he is unlikely to get anywhere with it. The only time its possible to be successful with a suit like that is if one of the parties hid assets or was less than honest where the property settlement is concerned.
 

Ohiogal

Queen Bee
Depending on the car situation he may be able to recover something in small claims court but not likely due to the messages she received from him.
 

e6973

Junior Member
My ex never provided me with his declaration of disclosure listing all his assets and documentation. I do know that he was hiding assets. Frankly, I didn't care as I just wanted out of the marriage. If you interpret the language of the Marital Settlement Agreement I was awarded all property in my name and possession. I held title to the car and it has been in my possession as he left it here last year in August. I repeatedly asked him to remove it from my driveway and he declined. He sent me emails instructing me to get rid of it because he didn't want to bother. In June I checked around and was advised that the car should be junked as it had no market resale value. The car had been non-operational for over 3 years, and was a mess. Thousands of dollars would have to be spent to get it operational. Definitely not worth the expense. So I had it towed to the junkyard. I had thought about small claims, but the car didn't have a resale value. If anything he should pay me for having it towed. I was more concerned about challenging the marital settlement agreement, but I disclosed all assets and provided proof.
 

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