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Is there an obligation to report significant changes for assets divided in mediation if the final judgement hasn't been signed?

Orlando, FL |

My ex took a property valued at 1.6M with a 2M loan in settlement. He never disclosed he had submitted the deed to the bank and was negotiating a short sale. He signed the short sale 2 days after mediation with no deficiency. Our divorce was not signed by the judge for 2 more weeks. I took the house valued 565,000 with 2 mtgs totaling 1.1M. This resulted in an even more unequal division than I later found was made. Did he have a duty to disclose he had submitted the dead and agreed to the sale prior to mediation or signing it after since the divorce wasn't final?

Attorney Answers 3

Posted

I will say this very simply....while it is impossible for you to present all of the facts which I might like to have at my disposal before I offered an opinion, I have read enough to say that if I was the attorney handling this matter, I would absolutely have this issue before the Judge at the earliest possible opportunity. It looks, sounds, and smells bad....and that usually adds up to "no go".

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Posted

Think u for your answer. I have a motion to vacate filed which my NEW attorney has filed for the evidence hearing to be set. Finally almost 3 years later. Time was on my side. More time more fraud discovered. Thx!

Posted

It sounds like you have an attorney in a case with millions in assets. This board is for simple legal questions. It is impossible for an attorney to answer your question without knowing everything about your case. You should however send an email to your own lawyer. You can just cut and paste the question. That is what he or she is being paid for, representing you. Good luck. If you want or need a second opinion on your file this is not the place for that either. There are plenty of attorneys in your local area who would love to consult on your case and/or take it over if necessary.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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Posted

I am only looking for answers as to what the law says regarding this. I do have an attorney but limited funds and don't want to use them up asking the millions of questions I have. I got screwed by my divorce attorney which is why I am in this predicament. WE did have millions. I found a host of additional assets undisclosed yet he did not even take a single depo and bank accounts subpeneod werent received until after mediation. Had I been more informed on the law then I would have known something was not right. Instead I thought he was the attorney with the great rep and must know what he is doing so followed every word of his advice right down to not calling police after my husband beat me up, tryed strangling me while saying he was going to kill me.

Asker

Posted

I reread my question and did not seem to think it came across as looking for a 2nd opinion. I now have a great attorney and am sure she could answer it but would still like to know what the law is regarding this or if there is anything directly stated in the law as far as it. thx

Peggy M. Raddatz

Peggy M. Raddatz

Posted

There is not enough information to answer whether or not the omission of that information was material to your case.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Have your lawyer do the research. We volunteer out time.

Posted

There is no "statute of limitations" on a false financial affidavit inducing settlement in dissolution of marriage action, but fast action when you discover it is should be taken. Consult an attorney licensed in your jurisdiction as soon as possible.

If this answer has helped you, please mark it as Helpful or Good Answer. This communication is intended as general information and not specific legal advice and does not create an attorney-client relationship.

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Posted

Thank u for confirming what made sense to me. I did just that. My former divorce attorney told me me he had a right to do it. But he told me a lot of things.. I have a pending malpractice suit filed against him and once I file my bar complaint hopefully will no longer practice. He belongs behind bars.

Earl David Maxwell

Earl David Maxwell

Posted

From your question I understood that your spouse deliberately misrepresented and mislead you on his financial affidavit. There is remedy for this and it is not beyond repair. I was urging your to explore that. I do not know anything about your relationship with your former lawyer and did not and cannot give any opinion as to that.

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