In my divorce case, I made an out of court oral agreement with my ex husband for me to abandon my omitted assets motion regarding a community real property and in return he would give me my share of the sale proceeds. However, he never gave me my share so I filed a renewed omitted assets motion. He argued that he never promised me my share and that I gave him the property, which would be a transmutation. But a transmutation has to be in writing so the disputed oral agreement is unenforceable. The court did not enforce the agreement and awarded me by part of the sales proceeds by applying Family Code section 2581 on the presumption of community property. My question is, when an interspousal agreement is found unenforceable, does a court simply ignore it in totality as if it didn’t exist, regardless of how much a party may dispute the agreement or its terms?
An agreement can/may be admitted to the Court to show "intent"... IF and only IF the Court allows it to be considered. Baring an agreement that has been "entered" or "ordered" and "accepted" by the Court; the Court will divide assets and debts (including omitted assets/debts) subject to community property presumptions and the Family Code. CCP 664.6 can make "oral" agreements that are "put on the record" enforceable. Take a look at CCP 664.6.
The information provided does not create an attorney/client relationship. Nothing in this communication shall be deemed to be legal advice or create an attorney/client relationship. My comments are general in nature and submitted for educational purposes only. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OF YOUR CHOOSING AND SEEK LEGAL ADVICE.
Why even ask the question if the court actually gave you what you were seeking? Or did I miss something?
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline