Legal Question in Civil Litigation in California

General Release between Married Couple

If a husband settled a civil action against his wife, involving her fraudulent conveyance of his seperate property, and signed a standard ''settlement agreement and mutual release'' is he giving up his rights in the future regarding his divorcing his wife and or probating her death?

thanks, jc


Asked on 3/15/02, 9:30 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: General Release between Married Couple

It would be nice to have some more facts. Is the settlement agreement part of the divorce (dissolution) action? If not the problem is that the normal written settlement agreement sets forth that the parties are settling all known 'and unknown' matters between them. Not normally a problem when the two parties normally deal with each other at arms length. But a married couple have had such a close relationship, and the wife has had so much opportunity for mischief, that it would be dangerous to sign the settlement agreement with that provision in it.

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Answered on 3/18/02, 9:22 am


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