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#223273 - 08/06/09 02:52 PM Money found after mediation but before filing
LIT New User Registered: 01/08/09 Posts: 4	Same couple as my other post.... Husband and wife go to mediation. No kids involved - only property. Wife gets approx 65% assets plus $2K alimony for 13mo plus $40K upon signing of decree. Husband gets 35% assets and 100% debt. Against husband's better judgment, he signs. After a month, final decree has not been filed, and wife finds $26K unclaimed funds under husband's name with the Texas Comptroller's office. Wife is demanding unclaimed funds be awarded to husband, and husband write her a check for $13K. In addition, wife demanding that husband refinance $100K HELOC (on house awarded to him) and pay off $53K credit card so that she can refinance the mortgage on the house awarded to her. Husband has no liquid assets - only house and property. Husband also does not have funds to write $13K check, or pay off $53K credit card, or even the $40K he has to pay wife (according to mediated agreement) on signing of decree. Does the husband have any rights, and can he say no to her recent demands since they were not in the mediated agreement? Particularly in light of the fact that he would have to liquidate what is left of his retirement (he is 64 y/o this November, she is 49 y/o) in order to meet her non-mediated demands? Thanks for any advice..... LIT Edited by LIT (08/06/09 02:53 PM)
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#223492 - 08/12/09 08:57 AM Re: Money found after mediation but before filing [Re: LIT]
otis1352 Enthusiast Registered: 08/12/07 Posts: 260 Loc: Houston, TX	I would think it depends on if the agreement gets filed or not. If the unclaimed funds are in his name, he needs to claim them and not give any to her. That would leave her 2 choices. Either come up with a better (more fair) agreement or take your chances in court. To me the agreement does not seem fair, but I am sure there are more details as to why and how the marriage and agreement were reached. _________________________ Scott
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