QUESTION
My girlfriend''s resides in the state of New York. Her ex-husband is selling a house they both bought. Does she have a claim?
Asked on Nov 01st, 2011 on Residential Real Estate - New York
More details to this question:
In the divorce, she signed a paper waiving any interest in the residence, while her ex-husband agreed to waive any interest in her business that she recently sold.
She made 45% of the total payments in the house, while her ex-husband didn''t make a single payment into the aformentioned business. She also didn''t have legal representation during the divorce proceeding, and I fear she executed the divorce agreement under emotional duress.
Does she have any claim?
1 ANSWER
It is difficult to ascertain without analyzing the documents you refer to in your question, but if a party waives their interests in a stipulation of settlement in connection with a divorce, they will be bound to that agreement unless it can be shown that the agreement was signed under duress or procured by fraud or some other circumstance which would permit the rescission of the agreement.
If the agreement cannot be modified or rescinded as set forth above, then there would be no claim to the property cased upon her execution of the agreement waiving her interest in the property.
- Alfred Polizzotto, III
Answered on Nov 03rd, 2011 at 3:24 PM