My divorce states that I have exclusive occupancy of our marital home for 5 yrs. and then my X will buy it. We met in March 2006 and agreed in front of 2 lawyers that I would leave the house 2 yrs early and he would purchase it then. He was given 60 days to make arrangements. I am due $38,000 as my half of the equity. 60 days came and went, another 30 days passed and just yesterday I was told that he feels he is doing me ';a favor'; and will only give me $25,000. I don't feel this is right and now the mortgage payment on the original mortgage is due. Is he legally bound to the agreement we made in front of the lawyers? Has anyone else ever been thru this? please help.....I am divorced and need some legal advice.....?
With two lawyers watching, they should be able to tell you
whether the agreement made fell into an ';Oral contract';.
If so, a deal's a deal and he legally must live up to it.
However, in a court of law, you would have to prove that
an oral contract was made, which is harder than being able
to produce a signed piece of paper.
However, you do have two witnesses - since there was
more than their clients in the room, the conversation wouldn't
be covered by attorney-client privilege (third party rule).
Do you think his lawyer would lie for him?
Because your lawyer was a witness, to pursue this, you
may end up contracting another lawyer just to question him.I am divorced and need some legal advice.....?
I am not sure if you still have the original attorney but I would suggest going back to him.
Otherwise, if affording an attorney is an issue for you I would suggest getting pre paid legal plan. There are tons of things covered under the membership which is only $26 a month and anything not covered is given at LEAST a 25% discount.
I had a friend have some issues with her ex husband. She had this plan and called the attorney and got some assistance with what to do and say (for no additional $ than she paid for her membership) and then when the attorney did have to help her draw up some forms, it took them two hours and it only cost her $175. Most attorneys are going to charge you at least $200 an hour to even talk to you!!
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He is offering you $25,000 and if you take he can say you agreed to $25,000 and not have to pay you any more. It`s a lawyer trick they are trying to pull on you.. He has to give the $38,000 as agreed or he will be backing out on the agreement.. Hold him to the agreement or have him sign over the house all together in a quick deed. Then refinance the home and that will help you catch up your payments. A divorce agreement is a legal binding agreement and can not be altered unless the judge does so. Take him back to court then he`ll have to pay court cost and more lawyers fee`s. Hold him to the agreement. Don`t let this trick fool you his lawyer put him up to this!!!
Go back to your lawyer, dont look for answers here!
In almost all states, only written agreements are valid when real estate is involved. I am not sure the term ';parol evidence'; is the right term or not, you can search for it. But, verbal agreements are not enforceable. Your lawyer must be a klutz.
If the agreement was in writing and approved by the courts, it is valid and he can fall into deep trouble not going along with it. He can have to pay you and you still get to stay. He doesn't get to pick and choose what he thinks is a ';favor';. You need to call your attorney and let him know, don't talk to your ex about it, let it go straight to the attorneys again!
In order for me to give you advice I have to first charge you $200.00 for the first half hour then $300.00 after that ,,,
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