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?
Criminal Defense Attorney
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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Divorce / Separation Lawyer
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.
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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.
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