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Undisclosed property, since discovered.

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mhop10

Junior Member
What is the name of your state? Ca.
At the time of my divorce in 1983 I quitclaimed my share of the house to my
ex. even tho' I had provided all the finance ( equity was then $180,000).
A law suit already pending against my corporation rendered it valueless, so my outside assets tutned out to be zero. Years later I discover that her wealthy family had established a partnership whereby she owned 22% of a shopping center ( set up in 1975), in addition immediately pursuant to the divorce her father paid off the balance of the mortgage ($60,000) even tho' I was paying child support. At some time a trust was also established in her name for $300,000 ( tho' I don't know when).
The house is now worth $1,000,000.
Do I have any recourse after so many years?

Thanks for the attention,

M
 


HomeGuru

Senior Member
mhop10 said:
What is the name of your state? Ca.
At the time of my divorce in 1983 I quitclaimed my share of the house to my
ex. even tho' I had provided all the finance ( equity was then $180,000).
A law suit already pending against my corporation rendered it valueless, so my outside assets tutned out to be zero. Years later I discover that her wealthy family had established a partnership whereby she owned 22% of a shopping center ( set up in 1975), in addition immediately pursuant to the divorce her father paid off the balance of the mortgage ($60,000) even tho' I was paying child support. At some time a trust was also established in her name for $300,000 ( tho' I don't know when).
The house is now worth $1,000,000.
Do I have any recourse after so many years?

Thanks for the attention,

M
**A: continue paying CS and stop your greediness.
 

JETX

Senior Member
mhop10 said:
Do I have any recourse after so many years?
Depends on when you became aware, or should have become aware, of each of these issues and the EXACT form of the agreement.

The following is from CA Civil Code of Civil Procedure:
338. Within three years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c) An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property. The cause of action in the case of theft, as defined in Section 484 of the Penal Code, of any article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, his or her agent, or the law enforcement agency which originally investigated the theft.
(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.


There may be other applicable limitations. Go to:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4
 

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