My ex wife and i have been divorced since 2012. We married in 2004. We live in california whichj is a community property state. We met and worked for a large mortuary/cemetery in whittier ca. I worked in IT, she worked in Property Management. As employees we both received 20% off on any property, commodities, services etc. During our marriage we purchased 4 plots, after applying both our employee discounts we had a great price and purchased them. I paid 80% of the bills at home, the property was her responsibility. We paid them off while we were married. We agreed to divide those separately so they weren't included in the decree. Now four years later shr refuses to even discuss the plots.
Bad move leaving anything out of the decree. Now you have to reopen the case and get an order. Or file a separate case in civil court.
I am unsure how she is even involved? Can't you go to the business and claim your two plots? This is exactly why you should have a lawyer involved in these matters.
They are omitted assets, and the court can divide them on motion.
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Why has this divorce languished on for four years? Legally the plots are community property regardless of the 80% figure you throw out in your post. The plots are an asset that must be divided equitably.
File a Request for Order (FL-300 - http://www.courts.ca.gov/documents/fl300.pdf) informing the court that the plots were omitted from the Judgment, and ask the court to order them divided. Take copies with you to the court with the original which will be stampted by the court with a courf date. Then, have someone serve your wife (mail is ok but you will have to complete an affidavit of knowledge of her current address) with a copy of the filed RFO.
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