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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110567
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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With my separated wife disputing every contract she

Customer Question

With my separated wife disputing every contract for which she agreed , signed and benefited on why am I accruing all these legal costs. My attny filed both contracts with the court, I am hit with paying her back taxes on property she owned at separation then later gave to me. How do I get my legal costs back as only her unfounded defiance is costing me?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you prove she has violated the contracts willfully and maliciously, which is what you are saying she has done, then part of your damages in those cases would be an award for your attorney's fees and costs incurred in pursuing those cases. That is how you would recover your attorney's fees and costs once you prove in those cases that the cases were not valid claims against you and she willfully and maliciously violated the court orders and contracts you have with her.

Customer: replied 6 months ago.

Her contract terms is that she owes m $95K to buy out my marital share. She didn't have this money so I made an agreement with her that she could sell her princ property and with her proceeds pay m. She sold the property and the proceeds are now in an escrow under both my and her attorney..This is just more legal fees and cost to get this money freed yet her contract states its owed to me. So can I really state she has willfully and maliciously violated a court order when the money owed to me is there. I don't have it and she doesn;t have it. But she has no cause to hold it so why do I hav to pay legal fees to get what is owed to me..Why isn't she billed for this?

Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your reply.

I am aware of the issue she has. Like I said, under the law, in order to recover your attorney's fees and costs you first have to win your case and then you can pursue her for costs and attorney's fees for her willful and malicious breach of contract. That is how these cases work, she is not billed for your attorney's fees, you have to prove her willful and malicious breach of contract and win your case first and then the court can award you attorney's fees as part of your judgment.

Customer: replied 6 months ago.

What court do I need to win this case in? Can I do it without my attorney if its just enforcing contracts?

Expert:  Law Educator, Esq. replied 6 months ago.
No, you cannot do it without your attorney pursuing these cases in the courts where he has the cases filed. Once you win each case, as part of your judgment your attorney would seek your recovery of attorney's fees in each case.

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