QUESTION
Will a notarized statement stand up in court?
Asked on Apr 27th, 2013 on Divorce - California
More details to this question:
I'm going through a divorce. Five years ago my soon to be ex had a paper notarized stating I could remain in the home during a divorce or separation and he would continue to make the mortgage payments and once the house was paid for it would be put solely in my name. Now my ex is fighting over the house.
10 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Notarising a document is not exactly magic. You could use the paper to help demonstrate that there existed an agreement between the two of you, but a court need not enforce it unless the court is convinced it was fair when the agreement was made, and still fair when you want it enforced. In other words, it might help, but do not count on it.
Answered on Apr 30th, 2013 at 11:55 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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It depends on how formal the document was. It should be at least considered, I would think. You should consult with an attorney in order to best determine your potential rights and options.
Answered on Apr 30th, 2013 at 8:24 PM
Child Custody Attorney serving Denver, CO
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Sturniolo & Associates
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The court still have the right to revisit this issue to see if it is equitable between the two parties.
Answered on Apr 30th, 2013 at 8:21 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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The statement would certainly be evidence that the judge could weigh. It is impossible to give you a decisive answer, since other factors may have intervened. Are you represented by an attorney? Have you discussed this with your attorney? If you are not represented there is no substitute for at the least consulting with experienced family law counsel in your area.
Answered on Apr 30th, 2013 at 1:40 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The language of the document may be binding or may not - it depends upon the words themselves and the context in which the document was written. I suggest you hire a lawyer.
Answered on Apr 30th, 2013 at 12:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is possibly evidence and MAY be considered. Get an attorney.
Answered on Apr 30th, 2013 at 12:33 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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That particular statement is probably about as good as the paper it is written on. Unless it is a property settlement agreement, where you agreed to give something, it is just a naked promise without consideration.
Answered on Apr 30th, 2013 at 12:33 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It was a contract 5 years ago between him and you not a notarized statement It is evidence of a post nuptial agreement but no guarantee you will win.
Answered on Apr 30th, 2013 at 12:33 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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The fact that the writing is "notarized" is of no significance. A notary seal simply authenticates the signature; but does not make the writing more or less binding. Based on the limited facts offered in your questions, it sounds like the writing is evidence of his intent 5 years ago; but the writing would not be legally conclusive unless it conforms the stringent legal requirements of a "pre-nuptial agreement".
Answered on Apr 30th, 2013 at 12:33 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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It is admissible, but not binding on anyone.
Answered on Apr 30th, 2013 at 12:32 PM