Ex Asking for some Cash from Equity, Years Later

[Bill19114]

What is the name of your state (only U.S. law)? PA

My ex and I got divorced in 2000 after 9 years of marriage. At the time, she wanted out, and only wanted $18,000 from me. We had purchased a house for $165,000 (all my funds, and I was the only one on the mortgage). We did the separation agreement ourselves. I'm guessing that in 2000 the house was worth about $250,000, and I had paid down about $40,000 on the mortgage.

Now, she needs cash, and feels that she shortchanged herself by not asking for all that she should have. I had the kids back then, and she did not want to interfere, and felt guilty about leaving. Since then, she has been remarried, divorced again, and filed a BK. She is going through a possible foreclosure on her home, and wants me to give her $40,000, stating that it is money that she deserved.

Does she have a case here, meaning would a lawyer take it? If so, what would I be on the hook for? The kids are living with her now (their choice), and I do pay support.

- Bill

 

[mommabearx1]

What is the name of your state (only U.S. law)? PA

My ex and I got divorced in 2000 after 9 years of marriage. At the time, she wanted out, and only wanted $18,000 from me. We had purchased a house for $165,000 (all my funds, and I was the only one on the mortgage). I'm guessing that in 2000 it was worth about $250,000, and I had paid down about $40,000 on the mortgage.

Now, she needs cash, and feels that she shortchanged herself by not asking for all that she should have. I had the kids back then, and she did not want to interfere, and felt guilty about leaving. Since then, she has been remarried, divorced again, and filed a BK. She is going through a possible foreclosure on her home, and wants me to give her $40,000, stating that it is money that she deserved.

Does she have a case here, meaning would a lawyer take it? If so, what would I be on the hook for? The kids are living with her now (their choice), and I do pay support.

- Bill

It is my knowledge once the divorce is final she can't come back asking for more, whether she feels she deserves it or not. Wait for the Seniors to respond and correct me if need be.

 

[Bill19114]

The divorce was done with one of those "no fault" through the mail law firms. The separation agreement was only signed by a notary, and there were no lawyers or court involved. Could an attorney make the case that she did not get what she was entitled to, and that I "took advantage" of her in not providing equitable distribution?

- Bill

 

[Zigner]

The divorce was done with one of those "no fault" through the mail law firms. The separation agreement was only signed by a notary, and there were no lawyers or court involved. Could an attorney make the case that she did not get what she was entitled to, and that I "took advantage" of her in not providing equitable distribution?

- Bill

If that is true, an attorney could easily make the case that you're not divorced.

 

[Ohiogal]

A COURT had to have been involved or you were not divorced. Of course then she would have committed bigamy (normally a felony) when she remarried.

 

[Bill19114]

The paperwork was filed in Cambria County, PA, and a formal copy (with the seal) was sent to each of us. Yes, the divorce was valid!

 

[Bill19114]

What I meant earlier was that we did not go to divorce court and have a judge or attorneys split the assets.

 

[wileybunch]

What I meant earlier was that we did not go to divorce court and have a judge or attorneys split the assets.

So the house as an asset was dealt with in a legally filed divorce order at some point? If it was and has been complied with, it's done. What was in the order WRT the house?

 

[Bill19114]

The court order was only specific to the divorce. No assets were included, and the separation agreement was not sent in with the divorce paperwork. Here is the wording on the divorce decree:

"The Court retains jurisdiction of any claims raised by the parties to this action for which a final court order has not yet been entered. No such claims were raised by either party."

 

[LdiJ]

The court order was only specific to the divorce. No assets were included, and the separation agreement was not sent in with the divorce paperwork. Here is the wording on the divorce decree:

"The Court retains jurisdiction of any claims raised by the parties to this action for which a final court order has not yet been entered. No such claims were raised by either party."

You need to take your paperwork and go get a consult with a local attorney. You may or may not have a problem, but no one is going to be able to tell without reviewing everything. You certainly did not do things properly however, if your separation agreement was not included in the divorce paperwork. That may or may not be a problem, but you need a local attorney to review things.

However, if her name was on the deed...despite not being on the mortgage, and her name was not removed from the deed as part of the divorce process...then you do have a problem.

 

[wileybunch]

The court order was only specific to the divorce. No assets were included, and the separation agreement was not sent in with the divorce paperwork. Here is the wording on the divorce decree:

"The Court retains jurisdiction of any claims raised by the parties to this action for which a final court order has not yet been entered. No such claims were raised by either party."

So you have no order with regard to any marital property. You really should have been specific about that in your OP. Do you realize your divorce appears to have been improperly granted, apparently inadvertently jettisoning the property issues off into the ozone? With the separation agreement you had that was never filed to become part of the divorce order, did you perform on all parts of it? Did she? I agree you need to consult an attorney.

 

[mistoffolees]

So the house as an asset was dealt with in a legally filed divorce order at some point? If it was and has been complied with, it's done.

With one exception. I'm certainly not implying that it's the case here, but if one party can prove fraud (such as the other party hiding assets), then property division can be reopened.

Just wanted to clarify that the 'it's done' is not absolute.

 

[Bill19114]

Her name was never on the deed.

Question - if the house was purchased for $165,000, and I reduced the balance by $40,000, and it went up in value to $265,000, what would the basis be on which her portion would be determined?

- Bill

 

[Ohiogal]

Her name was never on the deed.

Question - if the house was purchased for $165,000, and I reduced the balance by $40,000, and it went up in value to $265,000, what would the basis be on which her portion would be determined?

- Bill

Half the equity that accrued during the marriage. Approximately 70k.

 

[nextwife]

IS she in title? Was the house a premarital asset? Did you ever obtain a quit claim deed for her interest?

See how much money DIY legal work "saved you"?