How can I find case law for marital settlement appeal - property fraudulently purchased during marriage

Asked over 1 year ago - Los Angeles, CA

ex-spouse forged my signature to acquire properties, then fraudulently quick claim deeded property to his name only. I was awarded property that was owned by the bank he was awarded 100% of property that was not foreclosed on and we were awarded 50% of property we lived in. He also forged and notarized a waiver without my knowledge which denied me right to his pension. Have exhausted funds on divorce and filing an appeal pro per. Need case law. Was told during separation to take enough furnishings for an apartment, so I left almost everything at our home, then he was awarded 50% of our home and all the furnishings.

Additional information

Is the judges order for property settlement able to be appealed?

Attorney answers (3)

  1. Tobie Brina Waxman

    Contributor Level 18

    2

    Lawyers agree

    Answered . Sounds like you have a basis for moving to set aside the settlement agreement, which is where you should begin, rather than concentrating on an appeal. A settlement agreement is not an appealable order or judgment. For case law, you can do your research at any law library. Also try Google Scholar. But, what ever you choose to do, it's not going to be free and doing legal research isn't going to teach you how to do a motion to set aside. I'd suggest, even with your lack of funds, that you consult with an attorney. You can always request that your ex pay your legal fees as part of the relief you are seeking in your motion to set aside. Also remember, you will need proof, i.e. evidence of all of the claims you are making that will form the basis for your motion to set aside.

  2. Daniel Seth Williams

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You wouldn't appeal it because the appeal is not the correct course of action. An appeal looks at errors in application of the law or ineffective counsel, to name a few. You need to file a motion to set aside the judgment based on fraud, but your question is a bit hard to understand, because I am unsure if you were saying you were unaware of something or when you did become aware of it or should have come aware of it.

    If you cant afford legal counsel, then perhaps legal aid, the courts self help center, or even asking a member of a place of worship you attend for help can guide you through the process. Additionally, there are several law schools in LA that my have a 3rd year student interning with a local family law attorney. They may be able to help you pro bono as part of their internship and to help the attorney with pro bono cases. Good luck and I am sorry that this has happened.

    Attorney Williams practices FAMILY LAW throughout the State of California. The response provided in this forum is... more
  3. Matthew Thomas Majeski

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Go to your local law library and ask the law librarian to help get your started on searching case law for your divorce issues. Good luck to you.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Separate Property in Divorce

Separate property generally refers to property that is acquired before marriage. However, gifts and inheritances are also separate property.

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