QUESTION
I already signed the divorce papers. With a doctor's note, can I get a part of the home?
Asked on Jun 02nd, 2013 on Estate Planning - Michigan
More details to this question:
I and my husband had been together for 23 years. We got married and we stayed in this house for over 10 years. He wanted a divorce because he had a girlfriend so we filed divorce papers and he bought me a camper and talks me into signing the house all over to his name. We just learned that I have severe anxiety and depression and some mental issues.
12 ANSWERS
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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You will need to reopen the case but, unless you prove you were in competent at the time, you may be stuck.
Answered on Jun 06th, 2013 at 1:01 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Not necessarily you would have to petition court for property settlement.
Answered on Jun 05th, 2013 at 7:53 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Another situation wherein the advice of a lawyer would have prevented you from being left out on a limb. You are advised to seek the assistance of a family law lawyer, to see if you can resurrect any claim against the house to recover funds to help you with your present medical and future medical expenses, or at the very least, obtain spousal support from your former husband.
Answered on Jun 05th, 2013 at 7:53 PM
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Call a family law attorney immediately. It is likely too late but it will absolutely be too late if you don't do something now.
Answered on Jun 05th, 2013 at 7:53 PM
Thomas Edward Gates
Not likely, you knowingly and intelligently agreed to a settlement, it is too late to go backwards.
Answered on Jun 05th, 2013 at 7:52 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You may be able to set aside the paperwork you signed, but not likely without a legal fight. You will need to hire an attorney to represent you as it seems clear that your husband will fight you on it.
Answered on Jun 05th, 2013 at 7:52 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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I would contact a family law attorney immediately.
Answered on Jun 05th, 2013 at 7:51 PM
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You need to meet with an attorney. The questions you answer are complicated and not answered easily on a site such as this. If you cannot afford counsel, contact the legal aid provider in your community, in Las Vegas that would be Legal Aid Center of Southern Nevada to see if you qualify for a pro bono placement. Time is of the essence if you have signed you need to move quickly. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jun 05th, 2013 at 7:51 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Is the divorce final yet? If not, you can try to set aside the transfer of the house through the divorce case. If the divorce is final, you will have to file a motion to set the judgment aside for fraud. You will need an attorney to handle this matter.
Answered on Jun 05th, 2013 at 7:51 PM
You can try to overcome the documents you signed by convincing a court that you were incompetent or defrauded at the time. You can also approach the court for a modification of the divorce decree based on changed circumstances.
Answered on Jun 05th, 2013 at 7:51 PM
Your ex sounds like a real cad. However, you are an adult and the court will assume that you understood the consequences of your actions when you signed the papers. To reopen the settlement, you will need to show that your undiagnosed illness was so severe that it prevented you from understanding what you were doing or that your ex was aware of your illness and deliberately used it to make you susceptible to acting against your best interests.
Answered on Jun 05th, 2013 at 7:51 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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If the divorce testimony was entered in open court you are probably out of luck. If not, when the testimony is scheduled to be taken, appear at the hearing and tell the judge you don't agree with it. Maybe should get an attorney.
Answered on Jun 05th, 2013 at 7:50 PM