Notarized agreement question

[montanadolphin]

Midlothian, Virginia

My soon to be ex-husband and I signed an agreement between ourselves and had it notarized. If part of that agreement did get fulfilled, does the agreement become null and void?

Thank you in advance.

 

[LdiJ]

Midlothian, Virginia

My soon to be ex-husband and I signed an agreement between ourselves and had it notarized. If part of that agreement did get fulfilled, does the agreement become null and void?

Thank you in advance.

Can't tell you without a lot more information. I can tell you that any any agreement not signed off on by a judge can only be upheld/enforced if it qualifies as a contract.

Also, did you mean "if part of that agreement did NOT get fullfilled"?

 

[montanadolphin]

here's some quick background information:

my husband told me he wanted a divorce back in november. i do not want a divorce. we still live in the same house, although he rarely comes home. he wants me out, but i can't afford to leave. he's been the provider for 18 years. i work but i don't make enough to support myself on my own. about 3 weeks ago we came up with an agreement on paper that stated that i agree to give up rights to the property and will move out if he agrees to give me half of our federal tax return. it stated that as soon as he hands me my half that i will vacate the property within thirty days...i would use the money to move out. we both signed it and had it notarized. he filed our taxes and said we OWE $350, which has never happened in the last 18 years. we've always gotten money back. so now i don't have the money to move, but he's telling me that i signed the agreement and even though we didn't get a refund, i still have to move out by april 2nd. but it stated in the agreement that i would move out when i received money from the refund, which didn't happen. does that make the agreement null and void?

 

[LdiJ]

here's some quick background information:

my husband told me he wanted a divorce back in november. i do not want a divorce. we still live in the same house, although he rarely comes home. he wants me out, but i can't afford to leave. he's been the provider for 18 years. i work but i don't make enough to support myself on my own. about 3 weeks ago we came up with an agreement on paper that stated that i agree to give up rights to the property and will move out if he agrees to give me half of our federal tax return. it stated that as soon as he hands me my half that i will vacate the property within thirty days...i would use the money to move out. we both signed it and had it notarized. he filed our taxes and said we OWE $350, which has never happened in the last 18 years. we've always gotten money back. so now i don't have the money to move, but he's telling me that i signed the agreement and even though we didn't get a refund, i still have to move out by april 2nd. but it stated in the agreement that i would move out when i received money from the refund, which didn't happen. does that make the agreement null and void?

I wouldn't move out until a judge tells you that you have to move out.

I would also call the IRS and get a transcript of the tax return. How much of a refund did you expect? Do you have minor children?

 

[tcofer]

If you have been married for 18 years you have a very good chance to get the house. Don't let the man railroad you. My ex tried to get me to give him everything and I almost did and I am so glad that I fought for my rights. Even if you don't want a divorce, he does, if you file first, in most cases your concidered the injured party, so file first. Request that your attorney ask the judge for your husband to pay all your legal expenses, I did and it was rewarded. Get an attorney and fight for what is yours.
good luck!!
Teresa

 

[Silverplum]

A very good rule of thumb is that if you are here to ASK a question, you are likely not qualified to ANSWER someone else's question.

Newbie blather with no valid legal basis for the OP (Original Poster)...
Teresa

 

[Mass_Shyster]

here's some quick background information:

my husband told me he wanted a divorce back in november. i do not want a divorce. we still live in the same house, although he rarely comes home. he wants me out, but i can't afford to leave. he's been the provider for 18 years. i work but i don't make enough to support myself on my own. about 3 weeks ago we came up with an agreement on paper that stated that i agree to give up rights to the property and will move out if he agrees to give me half of our federal tax return. it stated that as soon as he hands me my half that i will vacate the property within thirty days...i would use the money to move out. we both signed it and had it notarized. he filed our taxes and said we OWE $350, which has never happened in the last 18 years. we've always gotten money back. so now i don't have the money to move, but he's telling me that i signed the agreement and even though we didn't get a refund, i still have to move out by april 2nd. but it stated in the agreement that i would move out when i received money from the refund, which didn't happen. does that make the agreement null and void?

The agreement is still in force, and you must move out after you receive half of the refund. Since that condition hasn't been met, you are under no obligation to move.

Better luck next year.

 

[mistoffolees]

here's some quick background information:

my husband told me he wanted a divorce back in november. i do not want a divorce. we still live in the same house, although he rarely comes home. he wants me out, but i can't afford to leave. he's been the provider for 18 years. i work but i don't make enough to support myself on my own. about 3 weeks ago we came up with an agreement on paper that stated that i agree to give up rights to the property and will move out if he agrees to give me half of our federal tax return. it stated that as soon as he hands me my half that i will vacate the property within thirty days...i would use the money to move out. we both signed it and had it notarized. he filed our taxes and said we OWE $350, which has never happened in the last 18 years. we've always gotten money back. so now i don't have the money to move, but he's telling me that i signed the agreement and even though we didn't get a refund, i still have to move out by april 2nd. but it stated in the agreement that i would move out when i received money from the refund, which didn't happen. does that make the agreement null and void?

If he didn't follow through on his agreement, then you don't have to comply. I would definitely get a copy of the tax return from the IRS.

However, before doing ANYTHING, see an attorney. An initial consultation will not be very expensive (some attorneys do it for nothing). You definitely want to know what you're entitled to before doing anything.