Legal Question in Family Law in California

equalizer payment

I signed divorce papers under duress in 2002. In 11/07, my

ex husband owes me the sum of $15,000 as an equalizer payment, possibly out of the sale of the house I signed over to him. Because of the wording of the item it looks like he can get out of it. I have been advised to put a lien on the house or to get an Abstract of Judgement. Both the Civil court and Family Law court here refuse to do it.

I feel I must again pay an attorney to find out I have lost more money. $18,000 is owed into my retirement so I really do need this money. Any advice?

Asked on 7/12/05, 12:48 am

1 Answer from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: equalizer payment

In a general sense, the statute of limitations to set aside a Family Law Judgment in California under the theory of duress is "within 2 years from the date of the entry of judgment". You may be able to set aside the Jusgment based upon deficiencies in the procedural disclosure requirements. There is no reason why the court clerks office will not issue an abstract of judgment (if you have a judgment to begin with) that you can take and record.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

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Answered on 7/12/05, 10:46 am

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