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Old 03-17-2003, 01:07 PM
kmayer1524
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is signed agreement legal


What is the name of your state? indiana - before my husband's divorce was final, he had signed an agreement to pay his ex-wife half of the expense of a furnace if it should go out within a year. however, the divorce decree does not state this exception. since this agreement was made prior to the divorce, is this binding?
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Old 03-17-2003, 01:18 PM
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Location: Los Angeles, California
Posts: 38,191

Re: is signed agreement legal


Quote:
Originally posted by kmayer1524
What is the name of your state? indiana - before my husband's divorce was final, he had signed an agreement to pay his ex-wife half of the expense of a furnace if it should go out within a year. however, the divorce decree does not state this exception. since this agreement was made prior to the divorce, is this binding?

My response:

Two adults, despite a divorce, and their signed Marital Settlement Agreement and Judgment, can still enter into agreements with each other; e.g., an agreement can be separate from what the judge orders.

The only problem would be whether or not the "agreement" is contractually proper; i.e., are all of the elements of a contract in the agreement?

So, in order to answer that question, you're going to need to type out the EXACT words in the contract for us to review.

IAAL
  #3  
Old 03-20-2003, 08:18 AM
kmayer1524
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is signed agreement legal


the exact wording of the written agreement is as follows:

Mike Mayer is giving Sharon Mayer $500.00 for refinancing the house on E. 35th St and another $500.00 before Sept. 13, 2001 and if furnace goes out Mike Mayer will pay for half of expenses within the next 5 years and Mike will be paying $325.00 wk to stay in the house.

Dated: July 13, 2001

Paid other $500.00 7/31/01

Moved out 7/28/01

Signed by Sharon Mayer and Michael W. Mayer
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