going back on your word even though its notorized

[carl mason]

The state I live in is Ohio. My question is, my wife had me to sign dire rite paper work so that she could buy herself a house . And for doing so she signed a paper stating that for me signing dire rites that she did not want any equiety in the house that i am in now or any responcibility what so ever. However now that we are going through a divorce her attorney is seeking half the equity in the house stating that she is due compensation for her time in the house. Even though she did not put any money down on the property when i bought it. She also had the paper notorized with her signature. Is their any Law or case documented to handle such a dilema.

 

[fairisfair]

yeah, it's called community property.

she has a legal right to a portion of the equity in the property than accrued while you were married.

what is dire rite?

 

[seniorjudge]

...

what is dire rite?

....

It is a soft drink that is very popular in the South....

 

[LdiJ]

yeah, it's called community property.

she has a legal right to a portion of the equity in the property than accrued while you were married.

what is dire rite?

Could he possibly mean "dower rights"?

 

[fairisfair]

It is a soft drink that is very popular in the South....

funny guy!!! are they called soft drinks in the south? or sodas? or pop?

 

[fairisfair]

Could he possibly mean "dower rights"?

quite possible. Good thought. I couldn't imagine what he was talking about.


for info purpose
http://www.cornerstone-title.com/DowerRights.htm

 

[Bali Hai]

funny guy!!! are they called soft drinks in the south? or sodas? or pop?

Whatever they are called, I'll have a rut beer.

 

[seniorjudge]

Whatever they are called, I'll have a rut beer.

When I was growing up, we called them Cokes.

As in, "What kind of Coke do you want?"

"A Seven-Up."

 

[nextwife]

Depending upon how it was drafted, especially if she presented the agreement to him, it might function as a Post-Nup agreement. He should certainly have an attorney review the document.

 

[Ohiogal]

yeah, it's called community property.

she has a legal right to a portion of the equity in the property than accrued while you were married.

what is dire rite?

Ohio is NOT a community property state. What the issue is, is that the house which was bought during the marriage is MARITAL property. As is the house wifey bought. So his attorney should go after half the equity in that house. And a notarized piece of paper means nothing except that a notary verified the identity of the person signing it. Depending on what the paper says exactly there is a chance that it could be upheld in a divorce settlement.

 

[Ohiogal]

It is a soft drink that is very popular in the South....

Damn.. when did Ohio become part of the south? If it is I DEMAND SUNSHINE AND WARM WEATHER!

 

[LdiJ]

For the sake of "searching" and for others reading these threads I am going to chime in on the notary issue.

I AM a notary public.

My only functions in that capacity is to 1) Verify that the person signing a document really is indeed that person, or 2) to certify that a photocopy of a document really is a photocopy of the actual original document....which means that I have to make the photocopy myself, and then certify/notarize it, to assure that it hasn't been altered.

In some ways my function as a notary is kind of huge. IE the certifying photocopied documents since government agencies will accept my certification.

However, when it comes to notarizing signatures its not huge at all...its simply a way to guarantee that a document really was signed by the person who signed it...IE it wasn't a forgery. My notarization doesn't add any legal "umpf" to a document. All it does is ensure that the signature wasn't forged.

If the document has no legal validity then my notarization is worthless. However if its a valid "contract" then my notarization ensures that it really was signed by the contractee.

Which gets back to the whole "family law" issue. Most of the time a notarized piece of paper isn't legally valid under family law, because most of the time it doesn't represent a legally valid "contract".

It could be very useful for minor things....like a parent agreeing to an out of state or country vacation...or a temporary parenting time schedule change (to prove that no contempt took place)..or it could even be valid to show the "intent" of parties...

But the bottom line is that it is not, and never will be a substitute for a court order. That doesn't mean that parents should never notarize temporary/momentary agreements or changes. It simply means that its not a way to avoid going to court.

 

[nextwife]

For the sake of "searching" and for others reading these threads I am going to chime in on the notary issue.

I AM a notary public.

My only functions in that capacity is to 1) Verify that the person signing a document really is indeed that person, or 2) to certify that a photocopy of a document really is a photocopy of the actual original document....which means that I have to make the photocopy myself, and then certify/notarize it, to assure that it hasn't been altered.

In some ways my function as a notary is kind of huge. IE the certifying photocopied documents since government agencies will accept my certification.

However, when it comes to notarizing signatures its not huge at all...its simply a way to guarantee that a document really was signed by the person who signed it...IE it wasn't a forgery. My notarization doesn't add any legal "umpf" to a document. All it does is ensure that the signature wasn't forged.

If the document has no legal validity then my notarization is worthless. However if its a valid "contract" then my notarization ensures that it really was signed by the contractee.

Which gets back to the whole "family law" issue. Most of the time a notarized piece of paper isn't legally valid under family law, because most of the time it doesn't represent a legally valid "contract".

It could be very useful for minor things....like a parent agreeing to an out of state or country vacation...or a temporary parenting time schedule change (to prove that no contempt took place)..or it could even be valid to show the "intent" of parties...

But the bottom line is that it is not, and never will be a substitute for a court order. That doesn't mean that parents should never notarize temporary/momentary agreements or changes. It simply means that its not a way to avoid going to court.

However, is some states, it IS possible to enter into a pre or post marital agreement regarding property that may be valid under contract law. It sure is the case in WI. The fact that a given prenup wasn't signed as a CO doesn't make it any less a type of contract.

In my office we see pre and post nups presented in regards to certain real property.

Whether THIS document would create a type of post nuptual agreement cannot be determined over the internet.

 

[LdiJ]

However, is some states, it IS possible to enter into a pre or post marital agreement regarding property that may be valid under contract law. It sure is the case in WI. The fact that a given prenup wasn't signed as a CO doesn't make it any less a type of contract.

In my office we see pre and post nups presented in regards certain real property.

Absolutely, its quite possible that something signed and notarized would be valid as a "contract".

My point is that my notarization of the document doesn't make it valid as a contract, it only ensures the identity of the person who signed the potential contract.

 

[Ohiogal]

Absolutely, its quite possible that something signed and notarized would be valid as a "contract".

My point is that my notarization of the document doesn't make it valid as a contract, it only ensures the identity of the person who signed the potential contract.

Which is what I said two posts before yours.