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May 19, 2011 at 5:09 PM #698274May 19, 2011 at 5:13 PM #697091bearishgurlParticipant
[quote=ucodegen][quote frenchlambda]The “stipulation and order” with the $85k never made it to the final divorce agreement.
[/quote] That is correct, and that is what may save you. The required reimbursement under the “stipulation and order” does not go away by omission in the MSA. You just have to be careful of blanket statements in the MSA which can make it go away.[quote Eugene]Whatever rights you have now, two months after the divorce has been finalized, and after countless signed papers, it’s really hard for me to say.[/quote]
My point too, though there is that outstanding $85K which may not have been addressed by the MSA. This is why I would have an attorney look at all of those, the sequence they were signed and why (show him all of the signed papers, leave nothing out). He gave up tangible value in the trust deed to receive a ‘promissory’ on the 85K. Unless the MSA addresses the ‘promissory’, it doesn’t unilaterally go away.[/quote]Agreed. uco, I like your anal-retentive style :=]
May 19, 2011 at 5:13 PM #697180bearishgurlParticipant[quote=ucodegen][quote frenchlambda]The “stipulation and order” with the $85k never made it to the final divorce agreement.
[/quote] That is correct, and that is what may save you. The required reimbursement under the “stipulation and order” does not go away by omission in the MSA. You just have to be careful of blanket statements in the MSA which can make it go away.[quote Eugene]Whatever rights you have now, two months after the divorce has been finalized, and after countless signed papers, it’s really hard for me to say.[/quote]
My point too, though there is that outstanding $85K which may not have been addressed by the MSA. This is why I would have an attorney look at all of those, the sequence they were signed and why (show him all of the signed papers, leave nothing out). He gave up tangible value in the trust deed to receive a ‘promissory’ on the 85K. Unless the MSA addresses the ‘promissory’, it doesn’t unilaterally go away.[/quote]Agreed. uco, I like your anal-retentive style :=]
May 19, 2011 at 5:13 PM #697777bearishgurlParticipant[quote=ucodegen][quote frenchlambda]The “stipulation and order” with the $85k never made it to the final divorce agreement.
[/quote] That is correct, and that is what may save you. The required reimbursement under the “stipulation and order” does not go away by omission in the MSA. You just have to be careful of blanket statements in the MSA which can make it go away.[quote Eugene]Whatever rights you have now, two months after the divorce has been finalized, and after countless signed papers, it’s really hard for me to say.[/quote]
My point too, though there is that outstanding $85K which may not have been addressed by the MSA. This is why I would have an attorney look at all of those, the sequence they were signed and why (show him all of the signed papers, leave nothing out). He gave up tangible value in the trust deed to receive a ‘promissory’ on the 85K. Unless the MSA addresses the ‘promissory’, it doesn’t unilaterally go away.[/quote]Agreed. uco, I like your anal-retentive style :=]
May 19, 2011 at 5:13 PM #697923bearishgurlParticipant[quote=ucodegen][quote frenchlambda]The “stipulation and order” with the $85k never made it to the final divorce agreement.
[/quote] That is correct, and that is what may save you. The required reimbursement under the “stipulation and order” does not go away by omission in the MSA. You just have to be careful of blanket statements in the MSA which can make it go away.[quote Eugene]Whatever rights you have now, two months after the divorce has been finalized, and after countless signed papers, it’s really hard for me to say.[/quote]
My point too, though there is that outstanding $85K which may not have been addressed by the MSA. This is why I would have an attorney look at all of those, the sequence they were signed and why (show him all of the signed papers, leave nothing out). He gave up tangible value in the trust deed to receive a ‘promissory’ on the 85K. Unless the MSA addresses the ‘promissory’, it doesn’t unilaterally go away.[/quote]Agreed. uco, I like your anal-retentive style :=]
May 19, 2011 at 5:13 PM #698279bearishgurlParticipant[quote=ucodegen][quote frenchlambda]The “stipulation and order” with the $85k never made it to the final divorce agreement.
[/quote] That is correct, and that is what may save you. The required reimbursement under the “stipulation and order” does not go away by omission in the MSA. You just have to be careful of blanket statements in the MSA which can make it go away.[quote Eugene]Whatever rights you have now, two months after the divorce has been finalized, and after countless signed papers, it’s really hard for me to say.[/quote]
My point too, though there is that outstanding $85K which may not have been addressed by the MSA. This is why I would have an attorney look at all of those, the sequence they were signed and why (show him all of the signed papers, leave nothing out). He gave up tangible value in the trust deed to receive a ‘promissory’ on the 85K. Unless the MSA addresses the ‘promissory’, it doesn’t unilaterally go away.[/quote]Agreed. uco, I like your anal-retentive style :=]
May 19, 2011 at 5:32 PM #697096frenchlambdaParticipantI think I am screwed.
I read the separation agreement again and found this:
22. REIMBURSEMENT AND OTHER MONETARY WAIVERS.
A. Except as may be specifically provided to the contrary in this Agreement,
as part of the division of the community property each party waives all rights of reimbursement
for the following:
(4) All rights of reimbursement pursuant to Family Code section 2640,
or otherwise, for separate property contributed to the acquisition, maintenance or
improvement of community property or the other party’s separate property;
May 19, 2011 at 5:32 PM #697185frenchlambdaParticipantI think I am screwed.
I read the separation agreement again and found this:
22. REIMBURSEMENT AND OTHER MONETARY WAIVERS.
A. Except as may be specifically provided to the contrary in this Agreement,
as part of the division of the community property each party waives all rights of reimbursement
for the following:
(4) All rights of reimbursement pursuant to Family Code section 2640,
or otherwise, for separate property contributed to the acquisition, maintenance or
improvement of community property or the other party’s separate property;
May 19, 2011 at 5:32 PM #697782frenchlambdaParticipantI think I am screwed.
I read the separation agreement again and found this:
22. REIMBURSEMENT AND OTHER MONETARY WAIVERS.
A. Except as may be specifically provided to the contrary in this Agreement,
as part of the division of the community property each party waives all rights of reimbursement
for the following:
(4) All rights of reimbursement pursuant to Family Code section 2640,
or otherwise, for separate property contributed to the acquisition, maintenance or
improvement of community property or the other party’s separate property;
May 19, 2011 at 5:32 PM #697928frenchlambdaParticipantI think I am screwed.
I read the separation agreement again and found this:
22. REIMBURSEMENT AND OTHER MONETARY WAIVERS.
A. Except as may be specifically provided to the contrary in this Agreement,
as part of the division of the community property each party waives all rights of reimbursement
for the following:
(4) All rights of reimbursement pursuant to Family Code section 2640,
or otherwise, for separate property contributed to the acquisition, maintenance or
improvement of community property or the other party’s separate property;
May 19, 2011 at 5:32 PM #698284frenchlambdaParticipantI think I am screwed.
I read the separation agreement again and found this:
22. REIMBURSEMENT AND OTHER MONETARY WAIVERS.
A. Except as may be specifically provided to the contrary in this Agreement,
as part of the division of the community property each party waives all rights of reimbursement
for the following:
(4) All rights of reimbursement pursuant to Family Code section 2640,
or otherwise, for separate property contributed to the acquisition, maintenance or
improvement of community property or the other party’s separate property;
May 19, 2011 at 5:36 PM #697116bearishgurlParticipant[quote=frenchlambda]I think I am screwed.
I read the separation agreement again and found this:
22. REIMBURSEMENT AND OTHER MONETARY WAIVERS.
A. Except as may be specifically provided to the contrary in this Agreement,
as part of the division of the community property each party waives all rights of reimbursement
for the following:
(4) All rights of reimbursement pursuant to Family Code section 2640,
or otherwise, for separate property contributed to the acquisition, maintenance or
improvement of community property or the other party’s separate property;
[/quote]This may have the effect of negating your 2640 stipulation if the MSA was signed AFTER the stipulation. I would still want an atty to review it if I were you. I don’t think your ex is off the hook for the notes she signed with you, now both secured by (presumably) filed trust deeds.
May 19, 2011 at 5:36 PM #697205bearishgurlParticipant[quote=frenchlambda]I think I am screwed.
I read the separation agreement again and found this:
22. REIMBURSEMENT AND OTHER MONETARY WAIVERS.
A. Except as may be specifically provided to the contrary in this Agreement,
as part of the division of the community property each party waives all rights of reimbursement
for the following:
(4) All rights of reimbursement pursuant to Family Code section 2640,
or otherwise, for separate property contributed to the acquisition, maintenance or
improvement of community property or the other party’s separate property;
[/quote]This may have the effect of negating your 2640 stipulation if the MSA was signed AFTER the stipulation. I would still want an atty to review it if I were you. I don’t think your ex is off the hook for the notes she signed with you, now both secured by (presumably) filed trust deeds.
May 19, 2011 at 5:36 PM #697802bearishgurlParticipant[quote=frenchlambda]I think I am screwed.
I read the separation agreement again and found this:
22. REIMBURSEMENT AND OTHER MONETARY WAIVERS.
A. Except as may be specifically provided to the contrary in this Agreement,
as part of the division of the community property each party waives all rights of reimbursement
for the following:
(4) All rights of reimbursement pursuant to Family Code section 2640,
or otherwise, for separate property contributed to the acquisition, maintenance or
improvement of community property or the other party’s separate property;
[/quote]This may have the effect of negating your 2640 stipulation if the MSA was signed AFTER the stipulation. I would still want an atty to review it if I were you. I don’t think your ex is off the hook for the notes she signed with you, now both secured by (presumably) filed trust deeds.
May 19, 2011 at 5:36 PM #697948bearishgurlParticipant[quote=frenchlambda]I think I am screwed.
I read the separation agreement again and found this:
22. REIMBURSEMENT AND OTHER MONETARY WAIVERS.
A. Except as may be specifically provided to the contrary in this Agreement,
as part of the division of the community property each party waives all rights of reimbursement
for the following:
(4) All rights of reimbursement pursuant to Family Code section 2640,
or otherwise, for separate property contributed to the acquisition, maintenance or
improvement of community property or the other party’s separate property;
[/quote]This may have the effect of negating your 2640 stipulation if the MSA was signed AFTER the stipulation. I would still want an atty to review it if I were you. I don’t think your ex is off the hook for the notes she signed with you, now both secured by (presumably) filed trust deeds.
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