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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116706
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ex husband accuses Exxon wife of fraud on jointly purchase

Customer Question

Ex husband accuses Exxon wife of fraud on jointly purchase property, pre-maritally. After trial judge decided a settlement to be carried out in 45 days. Ex husband has refused to sign agreement. It's been 70 days.
May ex-wife, defendant , request a motion for default, contempt of court and request Judge to alter the findings in favor of defendant?
Thank you
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 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.
You would file a motion for contempt of court against him and ask the court to compel him to sign and they can also award you attorney's fees. In the contempt motion you could also ask to modify the award as penalty for him refusing to sign the settlement as ordered. If he wants to claim fraud by the ex-wife then he can file that motion when the ex wife files the motion for contempt and the court will look at the evidence from both parties.
Customer: replied 11 months ago.
My friend The ex wife has been continuously bombarded with suits and subpoenas and literally persecuted for four years. This is one mean man and although the Judge stated that my friend proved no fraud, he will not let go. I feel she should be relieved of all legal fees. She has spent over $20,000, most of which she owes and she is literally with no assets at all.
I was hoping for her being able to inform the judge through her attorney that she wants justice.
My son is a Prof of International Law in an Ivy League, but he says says this is foreign territory.
Her attorney, my friend has been too lax, because, this is a small case to him, but to her, it is enormous. Thanks. Mark
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Yes, if she files for contempt of court and proves his frivolous filings and intentional refusal to sign the agreement, she would indeed be entitled to attorney's fees as part of the penalties, which is what I was saying above. If the fraud claim was not proven and the judge ruled against him on that already, then that is the end of his claim he cannot raise it again.
Customer: replied 11 months ago.
Thank you. You picked up on the essence of this case immediately.
I wish you were in our geographical area.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Even if I were in the geographic area, state law and site rules still forbid anyone from this site from representing any customers of the site I am sorry to say.
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