Do I have to give my ex-wife property that was to go to her as per our marriage settlement agreement even though she later gave them back to me?

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Do I have to give my ex-wife property that was to go to her as per our marriage settlement agreement even though she later gave them back to me?

In our marriage settlement agreement it states “all community property shall be divided to mutual satisfaction,” but specifically says she will receive 2 guns listed by model number. The day that she finally left the house for good, she gave me back the guns and signed a paper stating she was leaving and that she is taking all the property she wants and desires, and that she makes no claim or future claim on any remaining property, and that all property remaining belongs to me. Now, 8 months later (2 after final) she wants them.

Asked on January 3, 2012 under Family Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

Chances are you may have to give them to her. What you should have done was to ask her to write a declaration specifically to the guns when she left. The note she wrote did not mention the guns. If this one goes to court the divorce decree may be the only thing a judge will look at. Put it this way, you would have given the guns to her in the first place so why not again?


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