• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Rescind marital property agreement?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

whitepine

Junior Member
What is the name of your state? District of Columbia

I am in the middle of a divorce after 25 years. Three weeks ago, we negotiated, and I signed, a marital property settlement that allocated an extra portion of our assets to my ex, as he was engaged in another lawsuit with the potential to require him to pay significant penalties. (This extra portion was in the high six figures.) One week ago, we had a closing, in which we divided most, but not all, of our assets in accordance with the property settlement. I have not yet signed the documents agreeing to an uncontested divorce.

The day after this closing, I discovered that the other lawsuit had been settled the week before I signed the marital property settlement, with my ex ending up owing nothing from his own pocket. Had my ex not been under the threat of this lawsuit, I would have insisted on a straight 50/50 split of our assets.

As he sat across a table from me for several hours at the closing last week, and made absolutely no mention of having settled his suit, I doubt that he will volunteer to compensate me for the assets I gave up to cover his potential liability.

What can I do? Is it possible to rescind a marital property agreement? Did my ex have a duty to disclose to me that his suit had settled?

Thanks in advance for your help.What is the name of your state?
 


Bali Hai

Senior Member
What is the name of your state? District of Columbia

I am in the middle of a divorce after 25 years. Three weeks ago, we negotiated, and I signed, a marital property settlement that allocated an extra portion of our assets to my ex, as he was engaged in another lawsuit with the potential to require him to pay significant penalties. (This extra portion was in the high six figures.) One week ago, we had a closing, in which we divided most, but not all, of our assets in accordance with the property settlement. I have not yet signed the documents agreeing to an uncontested divorce.

The day after this closing, I discovered that the other lawsuit had been settled the week before I signed the marital property settlement, with my ex ending up owing nothing from his own pocket. Had my ex not been under the threat of this lawsuit, I would have insisted on a straight 50/50 split of our assets.

As he sat across a table from me for several hours at the closing last week, and made absolutely no mention of having settled his suit, I doubt that he will volunteer to compensate me for the assets I gave up to cover his potential liability.

What can I do? Is it possible to rescind a marital property agreement? Did my ex have a duty to disclose to me that his suit had settled?

Thanks in advance for your help.What is the name of your state?
You signed a legal document and you are bound by it. If your ex had settled the lawsuit one week AFTER you signed the agreement with the same result, would you feel better about i??
 

LdiJ

Senior Member
What is the name of your state? District of Columbia

I am in the middle of a divorce after 25 years. Three weeks ago, we negotiated, and I signed, a marital property settlement that allocated an extra portion of our assets to my ex, as he was engaged in another lawsuit with the potential to require him to pay significant penalties. (This extra portion was in the high six figures.) One week ago, we had a closing, in which we divided most, but not all, of our assets in accordance with the property settlement. I have not yet signed the documents agreeing to an uncontested divorce.

The day after this closing, I discovered that the other lawsuit had been settled the week before I signed the marital property settlement, with my ex ending up owing nothing from his own pocket. Had my ex not been under the threat of this lawsuit, I would have insisted on a straight 50/50 split of our assets.

As he sat across a table from me for several hours at the closing last week, and made absolutely no mention of having settled his suit, I doubt that he will volunteer to compensate me for the assets I gave up to cover his potential liability.

What can I do? Is it possible to rescind a marital property agreement? Did my ex have a duty to disclose to me that his suit had settled?

Thanks in advance for your help.What is the name of your state?
I assume that you have an attorney? If not, its time to at LEAST run it all by an attorney.
 

mistoffolees

Senior Member
What is the name of your state? District of Columbia

I am in the middle of a divorce after 25 years. Three weeks ago, we negotiated, and I signed, a marital property settlement that allocated an extra portion of our assets to my ex, as he was engaged in another lawsuit with the potential to require him to pay significant penalties. (This extra portion was in the high six figures.) One week ago, we had a closing, in which we divided most, but not all, of our assets in accordance with the property settlement. I have not yet signed the documents agreeing to an uncontested divorce.

The day after this closing, I discovered that the other lawsuit had been settled the week before I signed the marital property settlement, with my ex ending up owing nothing from his own pocket. Had my ex not been under the threat of this lawsuit, I would have insisted on a straight 50/50 split of our assets.

As he sat across a table from me for several hours at the closing last week, and made absolutely no mention of having settled his suit, I doubt that he will volunteer to compensate me for the assets I gave up to cover his potential liability.

What can I do? Is it possible to rescind a marital property agreement? Did my ex have a duty to disclose to me that his suit had settled?

Thanks in advance for your help.What is the name of your state?
Talk with your attorney. If he knowingly submitted false information to the court which caused you to suffer, you MAY have grounds for action. If the other suit had been settled after your closing, you couldn't do anything, but if there was a material change in his circumstances, he might be liable.

I signed a document stating that the information that the agreement was based on was factual to the best of my knowledge. I assume that somewhere in the papers you signed was a similar statement. If so, he is clearly in the wrong.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top