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#1 Pamela623

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Posted 13 February 2013 - 12:36 PM

If a person has been divorced for 14 years, and the property settlement has not been done, then, does the spouse have rights to any thing after the date of divorce. Does she have the rights to know what I have now, or within the past 3 or 4 years?

#2 Pamela623

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Posted 13 February 2013 - 12:50 PM

He bought the house, before marriage, then after about 5 years, then he added her name on it. Then they were divorced, after about 3 yrs., they got divorced. Now, she is wanting to do the settlement. She moved out of the State of Louisiana and into the State of Florida. So any information I can get, would help, thanks. (I am helping a friend of mine out and he needs to know these things.)

#3 Fallen

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Posted 13 February 2013 - 12:50 PM

Sorry, but taken altogether, your post is a bit garbled. Just because you've been divorced doesn't mean this person's interest in marital property disappeared. As for the actual question, presumably depends on with what money you acquired "what [you] have now" and how much of it was with marital income or reinvestment of marital assets.

You need to get off internet and consult with a family law attorney (it was a silly mistake not to address the topic of property division in the divorce, but we can't read your decree from here).

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 FindLaw_Amir

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Posted 13 February 2013 - 12:59 PM

Who is the current owner of the home? I also agree with the previous poster, you may want to discuss this with a local Family Law Lawyer for clarification.
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#5 pg1067

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Posted 13 February 2013 - 01:02 PM

If a person has been divorced for 14 years, and the property settlement has not been done, then, does the spouse have rights to any thing after the date of divorce.


That's an awfully vague question, and I'm not sure which spouse you're referring to when you refer to "the spouse." If your intent was to ask whether the property division portion of your divorce decree/judgment is still enforceable after 14 years, the answer depends on the laws of the unidentified state in which it was entered.


Does she have the rights to know what I have now, or within the past 3 or 4 years?


I'm not sure how we could possibly know. I can't imagine that any sort of generalized right to this information might exist (either by virtue of the applicable state law or the terms of the divorce decree/judgment), but a limited right may exist depending on the particulars of what's going on. In other words, some details would be helpful.

#6 pg1067

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Posted 13 February 2013 - 01:17 PM

He bought the house, before marriage, then after about 5 years, then he added her name on it.


Ok, so the sequence of events here is pretty clear.


Then they were divorced, after about 3 yrs., they got divorced.


Huh?


Now, she is wanting to do the settlement.


I have no clue what you intend this to mean.


She moved out of the State of Louisiana and into the State of Florida.


I take it then that the divorce happened in LA and that the house in question is located in LA.

My guess is that this has something to do with the title to the house, but it's not at all clear.

#7 Pamela623

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Posted 13 February 2013 - 01:40 PM

Ok, so the sequence of events here is pretty clear.




Huh?




I have no clue what you intend this to mean.




I take it then that the divorce happened in LA and that the house in question is located in LA.

My guess is that this has something to do with the title to the house, but it's not at all clear.



Yes the house is in LA She is trying to do the settlement now. No problem there. The problem is, she is wanting to know what he makes and owns, from the date of the divorce and to the present date, today.

#8 Pamela623

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Posted 13 February 2013 - 01:44 PM

Sorry, but taken altogether, your post is a bit garbled. Just because you've been divorced doesn't mean this person's interest in marital property disappeared. As for the actual question, presumably depends on with what money you acquired "what [you] have now" and how much of it was with marital income or reinvestment of marital assets.

You need to get off internet and consult with a family law attorney (it was a silly mistake not to address the topic of property division in the divorce, but we can't read your decree from here).


Rude, She is wanting to know what he owns now, all homes, cars and so far. When she left him, she moved to Florida. Which I don't think that she entitled to know what he owns now, or from the date of the divorce. They did not have any money that would be due to her, only the home settlement.

#9 Pamela623

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Posted 13 February 2013 - 01:47 PM

Who is the current owner of the home? I also agree with the previous poster, you may want to discuss this with a local Family Law Lawyer for clarification.

He bought it before the marriage, after 5 years of the marriage he added her name. Then, 3 years later they got divorced. The question is: Does she have to right to know what he owns now, or since the date of divorce?

#10 Fallen

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Posted 13 February 2013 - 02:34 PM

Re-read your initial post (not your follow-up that predated any response and ought to have been done as an "edit") with the eyes of a stranger and see whether you can figure out what's what.

When you start out a follow-up post with the word "Rude" and the person's name to the best of your knowledge is not in fact "Rude", it's best not to expect too much. :)

If you intend to seek feedback on the internet, a prudent practice is to avoid reading/processing through an emotional lens (I'm thinking this person is not merely a "friend" or at least you do not consider him as such). Read responses as matter-of-fact tone, esp. in this medium.

What the ex-wife wants to know and what a court will order the "friend" to cough up in terms of information may be two different things; she has a right to ask or demand info, but unless and until a court orders him to cough it up, he's free to decline to cough up info. I'm afraid it matters not what someone believes she's entitled to know; ultimately, what matters is what may be an asset in which she has a marital interest, as previously stated.

He may declare to you that they spent every dime earned during the marriage and that no joint monies (whether due to job income or otherwise) earned during marriage were invested in X ... that they bought no furniture, cars, or anything else during the marriage. Or, for instance, he may assert that he earned nothing toward a pension during the five-year marriage. She may disagree on all these points.

"They did not have any money that would be due to her, only the home settlement."

You mean he asserts that they didn't have any money "that would be due to her." You can't know whether he even understands the basic legal concepts here.

"... then he added her name on it."

So then it doesn't matter if he bought the place before marriage if he decided to make her a co-owner.

Please tell your friend that he needs to seek local counsel if he's unsure of what his decree says/means.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#11 pg1067

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Posted 14 February 2013 - 09:53 AM

It's still not clear exactly what you're talking about -- i.e., what you mean by "do the settlement." As far as the information the ex-wife wants, whether she might be able to get any or all of it will depend largely on the purpose for which she wants it.




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