QUESTION
Can I file for half of the profits on this building we owned when married?
Asked on Apr 30th, 2013 on Divorce - California
More details to this question:
We were divorced in 1984. We purchased a building in 1977. We were married in 1974. My ex-husband just recently sold the building. I did not receive any settlement for the building, nor did I sign off on it, or future profits. Can I file for half of the profits on this building?
6 ANSWERS
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
2 Awards
Sure, you can file most anything you want. The real issue is will you win. The answer is probably not. The fact that he sold the building and didn't need to bother with getting your permission tells me that most likely the issue of entitlement to the building was addressed long long long ago and not in your favor. You were divorced in 1984 that's count them 29 years ago. That bears saying again 29 years ago. Heck, some buildings don't even last 29 years. You should have divided all your property and such during the divorce 29 years ago. Why in the world would you believe you continue to be entitled to any of this man's property after 29 years? Move on already and leave this poor man alone.
Answered on May 01st, 2013 at 3:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Read your judgment of divorce, it will be determinative. If you do not understand it, see an attorney.
Answered on May 01st, 2013 at 3:12 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
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Were you on the title? Or was it in his name only? It should have been addressed in your property settlement. Talk with your attorney about how the building was handled.
Answered on May 01st, 2013 at 3:12 PM
Child Custody Attorney serving Denver, CO
at
Sturniolo & Associates
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That should have been handled at the time of the divorce. It it was not dealt with in the divorce, you can reopen the case but only for the profit as of the divorce.
Answered on May 01st, 2013 at 3:11 PM
It sounds like it was a community asset. But the title on it may have allowed him to act unilaterally. I would approach him first to see if he agrees that it was also your building. If the answer is no then run do not walk to an attorney who can freeze the asset proceeds until ownership is determined.
Answered on May 01st, 2013 at 3:11 PM
Litigation Attorney serving Charleston, SC
at
The Falk Law Firm, LLC
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A family court would first have to determine that the building was a marital asset. Under the facts provided it sounds as though the Court would determine that some portion of the building was a marital asset. IF so you would be entitled to your share of the proceeds from the sale.
Answered on May 01st, 2013 at 3:11 PM