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can i get a stipulation changed??

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dylhan

Junior Member
What is the name of your state? NH
i was in court recently and had given my attorney instructions on a property settlement that details were negotiated minutes before court. i had given him instructions that i would pay no more than $39 k for his half of the house with deductions for split property which he had agreed to take and bills i paid for him in both our names which he didn't pay but i had to pay as they were in joint accounts and i was getting credit hits because he didn't pay it. . i gave in to a much higher number on the equity in exchange for the offsets of other items with the end result being i pay $39k... after some quick back and forths my attorney came back and said sign this and i hardly could ask any questions or read what i was siging, ... we have almost everything you wanted my attorney said....it now appears after going thru court and seeing the agreement i signed that i agreed to the high equity but they didn't agree to anything else that was to offset the amout. the stipulation was presented during court and i am not happy. how can i go about stopping this agreement which has not been decided upon as yet by the judge??What is the name of your state?
 


Bali Hai

Senior Member
What is the name of your state? NH
i was in court recently and had given my attorney instructions on a property settlement that details were negotiated minutes before court. i had given him instructions that i would pay no more than $39 k for his half of the house with deductions for split property which he had agreed to take and bills i paid for him in both our names which he didn't pay but i had to pay as they were in joint accounts and i was getting credit hits because he didn't pay it. . i gave in to a much higher number on the equity in exchange for the offsets of other items with the end result being i pay $39k... after some quick back and forths my attorney came back and said sign this and i hardly could ask any questions or read what i was siging, ... we have almost everything you wanted my attorney said....it now appears after going thru court and seeing the agreement i signed that i agreed to the high equity but they didn't agree to anything else that was to offset the amout. the stipulation was presented during court and i am not happy. how can i go about stopping this agreement which has not been decided upon as yet by the judge??What is the name of your state?
You signed the agreement and now want to back out?

What's to stop you from playing this game next agreement signing?

You signed it, you live with it.
 

dylhan

Junior Member
to bali

this is an advice forum and you don't seem to be offering any. i feel as though i was misled by my attorney ...... and signed based upon his recommendation... either you have some advice for me or you don't.... your comments are not welcome unless you actually have some advice to offer..
 

tranquility

Senior Member
You were represented by an attorney when you signed a legal document. Unless your attorney was actually in the employ of the spouse and didn't tell you with the intent to defraud you in regards to the signing, I don't see how you can get out of it. As Bali Hai said, live with it. The deal is done.

Now, that does not mean you don't have a case against your attorney. Sue him for malpractice. I think you'll lose, but who knows? I wouldn't put out a penny on the facts as you describe them, so make sure whatever attorney you get will do everything on contingency. (Including the hiring of experts to point out the malpractice.)
 

Bali Hai

Senior Member
You were represented by an attorney when you signed a legal document. Unless your attorney was actually in the employ of the spouse and didn't tell you with the intent to defraud you in regards to the signing, I don't see how you can get out of it. As Bali Hai said, live with it. The deal is done.

Now, that does not mean you don't have a case against your attorney. Sue him for malpractice. I think you'll lose, but who knows? I wouldn't put out a penny on the facts as you describe them, so make sure whatever attorney you get will do everything on contingency. (Including the hiring of experts to point out the malpractice.)
Attorney's are tighter than two coats of paint. I would be very surprised if she would even find an attorney to take her "malpractice" case, especially this one.

The only thing she has going for her is her gender.
 

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