seperation agreement

[ChrisGoad]

What is the name of your state? virginia

a friend of mine has separated from her husband. i will numerate the facts below:

1. they entered into a separation agreement in which she drew up because some attorney told her to get "something in writing."

2. the agreement listed out the items they were to each take from the marriage, including a camper and her auto.

3. she is disabled under the care of a psychiatrist and other doctors and she also has cirrhosis of the liver.

4. he told her their house only has $40,000.00 of equity and her end was $20,000.00. she believed him and made that part of the agreement.

5. later it was discovered that the house actually had over $100,000.00 of equity.

6. the contract has no prevision that if any part of the contract is broken, the remainder of the contract stays in force.

7. she tried repeatedly to have him sign the title to the camper and car which he would not do, thus breaking that part of the contract.

8. he had her meet him in a bar to sign the contract and bought her drinks even though he know she wasn't suppose to be drinking. she asked again if he was sure there was only $40,000.00 of equity in the home and he again assured her that that all there was.

my position is 2 fold. 1st, he made a false statement about the house to induce her to enter into a contract. 2nd, since he would not sign the titles to the camper and the car, he was in breach of the contract.

the issues are does his statement about the equity in the house have to be "willful?" or, is it enough that the statements were not true?

the next issue is the breach of the contract as it relates to him not signing the titles. if he is in breach of that part of the contract, does the rest of the contract stay in force? or, does the breach cause the contract to be void?

the last issue involves her mental health at the time the contract was signed. she is and was under heavy medication and he knew this to be true. additionally, at the time the contract was signed, he had her meet him in a bar and bought her drinks even though he know from a medical standpoint she should not have been drinking.

any help would be appreciated. thanks.

 

[Accountable]

What is the name of your state? virginia

a friend of mine has separated from her husband. i will numerate the facts below:

1. they entered into a separation agreement in which she drew up because some attorney told her to get "something in writing."

2. the agreement listed out the items they were to each take from the marriage, including a camper and her auto.
was she suppose to get the camper, auto or both?

3. she is disabled under the care of a psychiatrist and other doctors and she also has cirrhosis of the liver.

4. he told her their house only has $40,000.00 of equity and her end was $20,000.00. she believed him and made that part of the agreement.
she could and should have researched this herself instead of taking his word for it.....

5. later it was discovered that the house actually had over $100,000.00 of equity.
...if she signed this agreement, then she agreed that the home has only $40,000 equity

6. the contract has no prevision that if any part of the contract is broken, the remainder of the contract stays in force.

7. she tried repeatedly to have him sign the title to the camper and car which he would not do, thus breaking that part of the contract.

8. he had her meet him in a bar to sign the contract and bought her drinks even though he know she wasn't suppose to be drinking. did he force her to drink the alcohol (I'm gonna take a wild guess that she's an alcoholic)she asked again if he was sure there was only $40,000.00 of equity in the home and he again assured her that that all there was.

my position is 2 fold. 1st, he made a false statement about the house to induce her to enter into a contract. 2nd, since he would not sign the titles to the camper and the car, he was in breach of the contract.

the issues are does his statement about the equity in the house have to be "willful?" or, is it enough that the statements were not true? if he did not force her to sign this agreement that SHE drafted, then SHE agreed to the lower equity amount willfully

the next issue is the breach of the contract as it relates to him not signing the titles. if he is in breach of that part of the contract, does the rest of the contract stay in force? why wouldn't it or, does the breach cause the contract to be void?

the last issue involves her mental health at the time the contract was signed. she is and was under heavy medication and he knew this to be true. additionally, at the time the contract was signed, he had her meet him in a bar and bought her drinks even though he know from a medical standpoint she should not have been drinking. she should have let that attorney that "told her to get something in writing" do the drafting of the separation agreement for her, especially if she is impaired

any help would be appreciated. thanks.

Has she petitioned for divorce yet? Doing so would put the agreement before a judge who can rule on whether it is a fair agreement.

 

[ChrisGoad]

Has she petitioned for divorce yet? Doing so would put the agreement before a judge who can rule on whether it is a fair agreement.

yes she has. i'm just trying to get some opinions because her attorney isn't really up on contract law and it worries me a bit because we are talking about 30 grand which is a lot of money to a disabled person without any ability to earn an income.

 

[Ohiogal]

yes she has. i'm just trying to get some opinions because her attorney isn't really up on contract law and it worries me a bit because we are talking about 30 grand which is a lot of money to a disabled person without any ability to earn an income.

She doesn't need a contract attorney. She needs an attorney who does family law. There are several things wrong here -- any ambiguities go against the drafter -- hence against your friend. Which means a judge would most likely NOT find the whole contract due to one provision being void without anything stated to the contrary. Second, she could have chosen NOT to meet in a bar. She could have chosen NOT to drink. So that is on her. Third, why didn't she know how much equity was in the house? Why didn't she ask for an appraisal? How is that provision written? Exact language of course helps. Why would SHE write something up which had such great importance when SHE is impaired? That smacks of stupidity.

 

[ChrisGoad]

the wording of the agreement is below. one has to keep in mind that we are talking about poor person, totally disabled and collecting disability and one that had been abused during the course of her marriage. we all know drawing up the contract was no to smart but a lawyer told her that she needed something in writing so it wouldn't seem as if she abandon him.



AGREEMENT:

goes to XXXXXX S. XXXXXX (her)

Computer, 1997 Explorer, camper, $20,000.00 cash for equity in home located at XXXXXX, washer and dryer, freezer, half of household items (and various other items). end of agreement.

it was notarized.

now, he never gave her the $20,000.00 and it is 5 months later. she also requested that he sign the title to the car and the camper which he has not done. the $20,000.00 which was her "half" was a number he came up with based on the tax accessed value. the actual value for her half would be $50,000.00+, a difference of $30,000.00. in other words, he told her the house only had $40,000.00 when indeed it had over $100,000.00 based on the market. now, she may be able to prove that he had a market study done before he entered into the contract thus making his statement misleading as to the value of the house.

 

[CJane]

I'm not entirely sure that the separation agreement, as described, is binding anyway.

It's possible that all of this could be addressed in court as if the 'agreement' never happened.

She NEEDS an attorney - one who specializes in family law, as Ohiogal said. She cannot and should not attempt this on her own given her alleged mental incompetencies.

 

[moburkes]

Her mental problems do NOT cancel out the fact that she CHOSE to meet at a bar and CHOSE to drink. Is she TRYING to kill herself? Seriously.

 

[CJane]

Her mental problems do NOT cancel out the fact that she CHOSE to meet at a bar and CHOSE to drink. Is she TRYING to kill herself? Seriously.

Oh sure. I agree with THAT. My Step-Father has liver disease and hepatitis AND is a recovering alcoholic. I would kick HIS ass if I found out he accepted a drink. Nevermind the person that bought it for him.

But still... not sure whether it's a binding sep agreement for all those OTHER reasons.

 

[moburkes]

I don't know that it is binding either, since it wasn't filed with the courts. The fact that it was notarized means nothing. If this person was so abused, WHY would she trust the person who abused her, after she FINALLY got away. It just doesn't make sense. And, as was stated, since she WROTE the contract, she is the one who is held responsible for what it does or doesn't say.

 

[Ozark_Sophist]

I don't think it is binding either. Back when the Ozarks were much taller (dang erosion), my first divorce ended. We did a similar 'agreement' which didn't even make it through to court.

 

[LdiJ]

Even if the judge had signed off on it, he deliberately withheld information regarding the true value of the home. That would allow the property settlement to be re-opened, in any case.

 

[Ohiogal]

Even if the judge had signed off on it, he deliberately withheld information regarding the true value of the home. That would allow the property settlement to be re-opened, in any case.

ONly if you can prove that the information was deliberately withheld.

 

[Bali Hai]

ONly if you can prove that the information was deliberately withheld.

You want proof? The wife SAID that the information was deliberately withheld. That's all the proof that the judge needs to hear.

 

[Ohiogal]

You want proof? The wife SAID that the information was deliberately withheld. That's all the proof that the judge needs to hear.

Sorry but I dont' buy it.