Yes I do have children with her and I don't want to do anything that would be harmful to the children. I'm not sure what the punishment would be to the ex if she was found guilty of fraud. There was no ignorance on the part of the ex with regards to any of this. She was/is an active licensed realtor so she knew exactly what she was doing when she signed the Quit Claim deed. She knew that the money she received was a buyout and not a prepayment as she is now alleging. She knew she received half of the equity in the home based off of a then current appraisal. There is no case based on the actual facts and documents and this is where the deception comes into play. As stated she is claiming the buyout was only a prepayment. She is going to claim that the appraisal was incorrect and further that I stated on the 1402a that the fair market value of the home was much higher than the appraised amount. The FMV amount on the 1402a was an amount she told me it was worth. Her being a realtor I didn't question it and didn't find it important since we were going to split the equity at whatever we actually sold the house for. I wouldn't put it past her to create some bogus documents/emails to make it look like it was something other than a buyout.You have children with her correct? Do you really want to do that to your children? I am doubting that it was truly fraud on her part, I think it seems more like ignorance, mixed with a little bad faith maybe. If she truly knew she had no case, then she would have known it would fail.
So why would she do this?
1. Greed. The market has come back and she feels entitled to any increase in equity.
2. Revenge. She is ticked that I went after and was granted child support when she moved out of state.
3. Jealousy. The grass hasn't been greener on the other side of divorce for her but has been for me.
She told me if she moved back to the area, which she did, she was going to have no mercy on me and come after the house. She has kept her word on that regardless of what she may be doing to the children.