settlement agreement and real property

[igmon]

What is the name of your state? Illinois

Wife agreed to and signed all Uncontested papers. She left me ~ 2 yr ago, left me with house and repairs needed to sell; she said I could keep the house. I sold house 1.5 yr ago, she also signed off her homestead rights so I could sell. So I am not hiding anything. We both want to make this as easy and painless as possible. Q is, because I do not want to perjur myself, does the property have be declared in the settlement agreement (which simply says we will keep what each has) and if not included what if judge asks if there is property. If so, how detailed do the numbers have to be, meaning commission etc.?

[Ohiogal]

When did you file for divorce?

[CJane]

You no longer own the home, right?

And she KNOWS you sold it because she signed off on it, right?

So what 'property' would there be?

There's the cash (if any) and there's any new property you've purchased since.

[igmon]

filed 2 weeks ago, in cook county.

yes she signed off on homestead, and there is no new real property. If detailed, in writing things look leaning toward me, though I took on a debt and paid off with profit, I still have my car she doesn't, she now has a lower paying job than when she left me and I make more. I have worked very hard the last 2 years getting my life together, and I don't need to go through another stressful roller coaster ride right now...

I filed pro se and did not have a settlement in writing, judge said to put oral agreement in writing and return. I just want to be sure I am not perjuring myself in any way that will come and bite me in the rear.

[CJane]

Hopefully someone a little more familiar with IL law will post, but I think you're ok. Clearly, she knew you sold the house, and she's already signed all of the papers... so SHE agrees with everything... unless you intentionally withhold information/assets, it's highly unlikely perjury would ever be an issue, especially in a family court action.

[LdiJ]

Originally Posted by CJane

Hopefully someone a little more familiar with IL law will post, but I think you're ok. Clearly, she knew you sold the house, and she's already signed all of the papers... so SHE agrees with everything... unless you intentionally withhold information/assets, it's highly unlikely perjury would ever be an issue, especially in a family court action.

I agree...however I think that the judge expects you to have your soon to be ex sign off on the written agreement.

The agreement could read along the lines of something like this:

"The parties agree on the marital property settlement. The marital home has been previously sold and divided according to the agreement of the parties. The parties agree that there are no other marital assets or debts to be divided and that each of them will keep the personal property that they have in their current possession."

That assumes however that neither one of you have significant assets, like IRSs or 401Ks or major savings/brokerage accounts etc....or major debt that could conceiveably cause a creditor to go after the other party. If any of that exists, it should be listed out individually.

In that case, it would be safer to list things out more specifically.