Third time papers signed.

[tarheel247]

What is the name of your state? NC

My bf's divorce was to be on June 11. But due to having to be served for 30days the date had to be changed. In the papers it states that the ex wife is to get everything in the house except for my stuff and the husbands stuff. It should have been my stuff and their son's stuff. But it was a typo. She signed the papers anyway and they were filed in court. My bf was still going to give her eveything in the house that she wanted even though the papers stated otherwise. Well the house caught on fire two weeks ago. Nothing of his was ruined. But everything will have to be cleaned. Now she is saying she should get all new stuff. She doesn't want anything cleaned. And her lawyer wants the papers amended since the fire. And she says she should get half of the fire settlement even though her name is not on the insurance. I don't think there will be a "settlement" on the fire. Its not like an auto accident. Can she string out the divorce for longer since the fire? The papers have already been signed and filed. The papers have been redone three times already. His lawyers says he should make her stick to the second papers if she pushes it. And since the new papers are worded that she gets everything that is not his or mine..does he have to give her the stuff in the house when we get it back?

He just wants his divorce to be over. It should have been over in Jan. But she keeps changing things. He prob should have just made her stick to the original papers. But he didn't want to have to go to court in a legal battle and she has made threats to take custody of both kids. Anyway...

 

[Ohiogal]

Well she is entitled to the property. If he receives money for the property -- which he should if he had insurnace on the contents -- then she is entitled to a portion of that equivalent to the amount the insurance paid. Look for more court to determine how much that is going to be.

 

[tarheel247]

Why is she entitled to anything? She is not on the deed nor is she on the insurance. And she signed papers three times saying she has no interest in the house. And he has no interest in the house we bought her.

 

[Ohiogal]

Why is she entitled to anything? She is not on the deed nor is she on the insurance. And she signed papers three times saying she has no interest in the house. And he has no interest in the house we bought her.

She is entitled to the property from the house that she would have gotten! Which is unclear whether that property was still in the house.

 

[tarheel247]

The property is still in the house. It was not damaged from the fire. The stuff will have to be cleaned due to the smoke and soot. But besides that it will be fine. She said she will not accept it being cleaned. She said she wants all new stuff. We have not control over that. The adjuster already said that the stuff that can be cleaned will not be replaced. The ex also said she will get half of the settlement from the fire even though her name is not on the deed or insurance. This is a house fire not a car accident. There will not be a cash settlement..right? How can she get half? She already signed over the house back last Jan when the first papers were signed and two more times after that.

Like I said earlier the papers say she gets everything that is not his or mine. Even though it was a typo she did sign in them after her lawyer went over them with her. So is she entitled to the stuff anyway? In all fairness she is, but she has been anything but fair during the divorce. Back in Jan 06 she didn't want anything but a rental he owned. Nothing more. Then my bf and I met. Of course that changed her attitude. I didn't think she got a fair deal either. So we bought her a bigger house, one she picked out, and they ammended the papers. But when it was time this year for the divorce to be filed she decided she wanted half of everything. His lawyer wanted to fight it but he wanted it to be over. So he just gave her all the stuff left in the house and agreed to sign over her house to her after the divorce was final. She agreed and signed for the third time. Now since the fire she wants more. Can she drag out this divorce longer even though she signed the papers and they are just waiting for a court date?

 

[Ohiogal]

The property is still in the house. It was not damaged from the fire. The stuff will have to be cleaned due to the smoke and soot. But besides that it will be fine. She said she will not accept it being cleaned. She said she wants all new stuff. We have not control over that.

What was the cause of the fire? How did the fire begin? What was cited as the reason? What are the items she will not consent to being cleaned? If cleaned can they be returned to the PRE FIRE condition? Does the value of the items drop due to them being in a fire?

The adjuster already said that the stuff that can be cleaned will not be replaced. The ex also said she will get half of the settlement from the fire even though her name is not on the deed or insurance. This is a house fire not a car accident. There will not be a cash settlement..right?

Not necessarily. There very well could be a cash settlement.

How can she get half?

It could be considered marital property and income. She would be entitled to half the settlement. COULD but a lot of that depends on the papers that were signed, what they state exactly and a million other details. NOTHING that we can state here.

She already signed over the house back last Jan when the first papers were signed and two more times after that.

And as they are still married she only quit claimed her interest at that time. Unless the papers put a stop to her accruing equity in the property she still has a marital interest in the property.

Like I said earlier the papers say she gets everything that is not his or mine. Even though it was a typo she did sign in them after her lawyer went over them with her. So is she entitled to the stuff anyway?

Maybe.

In all fairness she is, but she has been anything but fair during the divorce. Back in Jan 06 she didn't want anything but a rental he owned. Nothing more. Then my bf and I met. Of course that changed her attitude. I didn't think she got a fair deal either. So we bought her a bigger house, one she picked out, and they ammended the papers. But when it was time this year for the divorce to be filed she decided she wanted half of everything. His lawyer wanted to fight it but he wanted it to be over. So he just gave her all the stuff left in the house and agreed to sign over her house to her after the divorce was final. She agreed and signed for the third time. Now since the fire she wants more. Can she drag out this divorce longer even though she signed the papers and they are just waiting for a court date?

It depends on what the papers state. The best one to ask would be his attorney. HE could ask. YOu have no standing. But she can try to drag it out.

 

[tarheel247]

The fire started in the laundry room. The Dustbuster caused the fire. The Chief Firefighter and investigator said it was the dustbuster without a doubt. V pattern and all. We, and everyone else that knows her, thought it was the Ex that started it. But according to the reports it wasn't set. Even the adjuster said it was from the dustbuster. He does not want to investigate. Anyway the fire burned the laundry room and the upstairs. The stuff that she is getting wasn't damaged at all..beside the smoke and soot. It can be cleaned to the original condition. To make things eve worse..after the papers were signed she said she didn't want everything in the house. She just wanted two tree, a table, a desk and a computer. It was a verbal agreement between them. They may have agreed via email also. Not sure. The trees are the only thing that will have to be replaced. They can't be cleaned. Now she wants everything and wants it all to be new. She changes her mind from day to day..so who knows what the end result will be. I'm sure the papers covered everything that you mentioned. His lawyer isn't too helpful with questions thats why i'm asking them here. Since you are a lawyer can you tell me what is the purpose for sep papers if they are no good and can be changed or voided? Why bother getting them if a crazy ex can decide she/he wants more????