Divorce - Deposit on the House & Judgement

[sonicchill]

What is the name of your state? California

Hi, I am desperate for some answers..

I went through a divorce and a judgement was signed where the home was agreed to be divided in half after 5 years. For your reference we married in Las Vegas and resided in California.

However my ex claims that the deposit of about 80K is hers because it came out of her checking before marriage, even though I gave her half of the deposit so she can pay on our behalf in a lump sum.

So my question is, does the Judgement supersede her claim, if true?

Thank you kindly for your time.

 

[Just Blue]

What is the name of your state? California

Hi, I am desperate for some answers..

I went through a divorce and a judgement was signed where the home was agreed to be divided in half after 5 years. For your reference we married in Las Vegas and resided in California.

However my ex claims that the deposit of about 80K is hers because it came out of her checking before marriage, even though I gave her half of the deposit so she can pay on our behalf in a lump sum.

So my question is, does the Judgement supersede her claim, if true?

Thank you kindly for your time.

Please post the wording, verbatim (sans identifying names), of the decree regarding the home.

 

[Zigner]

What is the name of your state? California

Hi, I am desperate for some answers..

I went through a divorce and a judgement was signed where the home was agreed to be divided in half after 5 years. For your reference we married in Las Vegas and resided in California.

However my ex claims that the deposit of about 80K is hers because it came out of her checking before marriage, even though I gave her half of the deposit so she can pay on our behalf in a lump sum.

So my question is, does the Judgement supersede her claim, if true?

Thank you kindly for your time.

Unless your judgment is somehow out of the ordinary, it would control the division of the asset.

 

[zddoodah]

I went through a divorce and a judgement was signed where the home was agreed to be divided in half after 5 years.

I assume this statement shouldn't be taken literally, so you should clarify exactly what it means. You should also give some detail as to how and exactly when the division is to occur.

So my question is, does the Judgement supersede her claim, if true?

I don't really understand what this question means.

I'm going to assume that, like most folks, your divorce judgment was based on a marital settlement agreement ("MSA") that you and your ex agreed to. Is that correct? If so, and if your and your ex's mutual intent was that she receive $80k off the top, one would assume that this would be clearly spelled out in the MSA and the judgment.

Of course, no one hear has read or has the ability to read your MSA and judgment. Were you and your ex represented by lawyers in the divorce? If so, then you should be directing your questions to your lawyer. If you two did this all by yourselves, without lawyers, then I'd wager that something got screwed up and that you'll be back in court unless you can reach an agreement that satisfies both of you.

 

[Zigner]

I assume this statement shouldn't be taken literally, so you should clarify exactly what it means. You should also give some detail as to how and exactly when the division is to occur.

Funny- I considered pointing out the same thing. I was wondering where the guideline was going to be drawn for the chainsaws to cut the house in half.

 

[sonicchill]

Hi guys, thank you for your replies! Also I apologies for lack of clarity. I have included the judgement word by word for reference.

III. SEPARATE PROPERTY

The party’s content that all properties that were listed as Separate Properties should and will be treated as community properties. As such, there are no separate property that requires
court disposition.

IV. DIVISION OF COMMUNITY PROPERTY ASSETS

House located at "home address" (hereinafter “residence”) shall be divided according to the terms as stated in Section VII. MISCELLANEOUS ORDERS – OTHER ORDERS below.

FYI Miscellaneous orders list division of furniture, cars, checking accounts and retirement accounts.


Also when I said "does the Judgement supersede her claim, if true?" What I meant is really, does the judgement hold? Because I looked up somewhere that the deposit paid before marriage is considered separate property and belongs to the person that paid it originally after the divorce. However we have a signed Judgement so doe that mean we follow the Judgement and ignore whatever that my ex claims? I will try to find the exact legal language so it's clear.

FYI the following are her words "As for the 20% downpayment i have put down for the house, it's before the marriage which i will be entitled for the full amount of $87,931.36. The profits will be divided in half after 2/22/2017. "

 

[PayrollHRGuy]

@sonicchill It is half your house.

 

[Zigner]

Also when I said "does the Judgement supersede her claim, if true?" What I meant is really, does the judgement hold? Because I looked up somewhere that the deposit paid before marriage is considered separate property and belongs to the person that paid it originally after the divorce. However we have a signed Judgement so doe that mean we follow the Judgement and ignore whatever that my ex claims? I will try to find the exact legal language so it's clear.

We all know what you meant. Even the guy who questioned your phrasing...he knows. You don't need exact legal language to ask your question here and in this instance. Based on what you have posted, the other party appears to have no valid basis to try to recover the additional $80k in question. Consult with a local attorney for a full review of all your documents, orders, etc.

 

[sonicchill]

We all know what you meant. Even the guy who questioned your phrasing...he knows. You don't need exact legal language to ask your question here and in this instance. Based on what you have posted, the other party appears to have no valid basis to try to recover the additional $80k in question. Consult with a local attorney for a full review of all your documents, orders, etc.

Oh my God that's a relief, thank you soo much!

 

[PayrollHRGuy]

Oh my God that's a relief, thank you soo much!

When the house sells do not sign a thing until a your lawyer looks it over. The division of funds really should happen at closing.

 

[zddoodah]

The party’s content that all properties that were listed as Separate Properties should and will be treated as community properties.

If this is an actual quote, then I can only shake my head.

House located at "home address" (hereinafter “residence”) shall be divided according to the terms as stated in Section VII. MISCELLANEOUS ORDERS – OTHER ORDERS below.

Which you didn't quote....

Also when I said "does the Judgement supersede her claim, if true?" What I meant is really, does the judgement hold?

I'm not sure what "hold" might mean in this context. If you're asking whether the judgment is enforceable, one would have to read it to offer any sort of informed opinion.

I looked up somewhere that the deposit paid before marriage is considered separate property and belongs to the person that paid it originally after the divorce. However we have a signed Judgement so doe that mean we follow the Judgement and ignore whatever that my ex claims?

The judgment is the ultimate determination of who gets what. If an issue was not covered by the judgment, then you probably have a problem and may need to reopen the case.

Even the guy who questioned your phrasing...he knows.

No, I didn't, and I'll speak for myself, thanks.

 

[sonicchill]

When the house sells do not sign a thing until a your lawyer looks it over. The division of funds really should happen at closing.

Thank you, will do that for sure.

 

[quincy]

... Of course, no one hear has read or has the ability to read your MSA and judgment. ...

I don’t understand what you mean by this. “No one hear?” What were we supposed to hear? Could you please clarify.