appeal bond

[repofauntie]

What is the name of your state? NE

A friend appealed a judgement in which his former girlfriend was given 30% of proceeds from him selling his house. They had lived together, she had ALOT of $ from ex hubby but didnt use it toward house except for flowers....so she testified. My buddy paid for her kids cars and was apparently WAY too generous given the outcome. He had put her name on the house in case he died as he travels alot. (that was a revocable decision but fatal) Anyway judge decided they lived as though they were married (NOT a common law state) so he gave her 30% of sale of the house. Hes appealing but he filed the appeal with a cost bond not a supersedeas bond. We cannot find info as to whats the difference. When do you have to file a supersedeas bond as opposed to a cost bond to appeal? The $'s been held in the court for 3 years cuz she wldn't sign off on sale.

[LdiJ]

Originally Posted by repofauntie

What is the name of your state? NE

A friend appealed a judgement in which his former girlfriend was given 30% of proceeds from him selling his house. They had lived together, she had ALOT of $ from ex hubby but didnt use it toward house except for flowers....so she testified. My buddy paid for her kids cars and was apparently WAY too generous given the outcome. He had put her name on the house in case he died as he travels alot. (that was a revocable decision but fatal) Anyway judge decided they lived as though they were married (NOT a common law state) so he gave her 30% of sale of the house. Hes appealing but he filed the appeal with a cost bond not a supersedeas bond. We cannot find info as to whats the difference. When do you have to file a supersedeas bond as opposed to a cost bond to appeal? The $'s been held in the court for 3 years cuz she wldn't sign off on sale.

Once you add someone to the deed for real property its never a revocable item unless the other party agrees. She got 30% of the house because legally she was an owner of the house. It honestly didn't matter whether they could be considered common law married or not.

The judge did not make an error of law or abuse his discretion, so I don't see how an appeal could prevail.

In fact, the judge may have done a favor to your friend by considering them as common law married. That allowed equitable distribution to kick in. Otherwise, she would have been due 50%, not 30%.