Can we take her back to court for perjury?

Question

My husbands ex wife lied in court that her house had been foreclosed on.  She needed the "spousal rehabilitative support" to live on while she had to pack and move and all.  As a direct result of that lie she was awarded $650/month for 2 years to "help" her while she went through the foreclosure.  She had brought the house on her own as an "investment" while they were married.  The house is NOT foreclosed on and she is now asking my husband to sign a release so she can refinance it.  The support was made "non modifiable" so she could not take him back to court for more money in 2 years which she could have done.  I know we need to talk with the divorce attorney but with her $650 we are barely squeaking by and can't afford his fee to do this.  The loan is in her name only but both names are on the deed.  My husband has to sign a "quit claim" for her to refinance. Her house was not mentioned anywhere in the divorce papers her attorney drew up which made us (including his attorney) suspicious at the time but her lawyer said that since it was "in foreclosure" there was no reason to mention it.  She had already declared bankruptcy on her own. She submitted those to the judge for evidence she needed the money. The papers did specify she had to sign a "quit claim" on my husbands house.  Part serious and part joke I told my husband not to sign the papers until she paid him the $15,000 for the support or he won't sign the papers. He can then continue to pay her "support" from that.  He agrees!  Aside from that can we do anything else?

lola · Accepted Answer

1. Perjury is a crime against the court.  No, you can't take her to court for it.  However, if she hid this asset from the courts, or lied to get support, you can take her to court for fraud.
2. You need to consult your lawyer, NOW.  If her home was in foreclosure, but she managed to salvage it, you need to know that.  The house is a marital asset, and your husband is entitled to his fair share of it, especially if she's been in receipt of spousal support.  Until he's spoken to a lawyer, your husband should not sign anything.  
3.  If she mis-represented her assets to the court, she's in major trouble.  Courts do not look kindly on people that lie or hide assets.  This is another reason to contact your lawyer - if the ex committed fraud, she will be on the line to not only repay you, but to lose her home.  

You need a lawyer's expertise on this one - it's not only about whether or not a fraud occured, but also about your husband's right to the value of the home his ex still owns.  People on Yahoo Answers can't give you the advice you need to protect yourselves in this situation.

Melanie · Answer

Hi. This is Melanie, you answered one of my questions. I just wanted to tell you that I really appreciated what you said to me and I feel so stupid by the way I worded my question. You were the only one who saw past my anger. I would tell you this via email but I don't know it si I'm sorry for posting this on your question. But I'm really thankful for your response.

Anonymous · Answer

if she filed bankruptcy that house should have been foreclosed. something doesn't fit here. and yes, if u feel injustice happened u go back to court even without an attorney. and by the way if your husband's name is on the deed and he doesn't sign the quit claim the house still belongs to him too. and he might pressure her to foreclose it - this is his house, he may do whatever he wants with it

? · Answer

thats a civil matter not criminal court  - u can sue her in small claims court bearing proof she was deceptive but thats it

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Can we take her back to court for perjury?

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