Divorce Decree change

[MP9579]

My wife and I were married for 4 years. We obtained a uncontested divorce back in oct. of 99'. I kept my house which was listed under a pre-nuptial agreement and that I owned and payed for in full 17 years ago. My question is in our divorce decree my attorney listed " the parties acknowledge that the husband presently owns a one -family residence (so and so address). The wife hereby waives any claims to said Real Estate. This is in accordance with a certain Pre-Nuptial agreement dated Feb. 8,1995,attached hereto as schedule-C. The parties shall share equally the cost of utilities as long as wife stays at said premises. The Husband shall be responsible for all other expenses incident to maintenance and upkeep of said premises." A month later I told my attorney that I thought this should be clarified. Therefore he made up an addendum saying "The parties acknowledge that the Husband is sole owner of a One-family residence located at (so and so address).The wife herby waives any right, title or interest in same. For so long as the wife remains at said premises without a written lease agreement, the parties acknowledge that her tenacy, is an oral month to month tenance. During her tenacy, the parties agree to split the cost of all utilities 50/50. The husband reserves the right to have the wife sign a written lease agreement should he so desire. The husband shall be responsible for all other expenses incident to the maintenance and upkeep of said premises unless otherwise agreed." Then 2 " The parties have freely and voluntarily entered into this addendum and each has had, or been afforde the opportunity to have same reviewed by counsel of their choosing." Next my x-wife brought this addendum to her lawyer where he reviewed it and she and he signed it. Then I signed it the next day in my lawyers presence. In the modification and waiver section of the separation agreement it says " A modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this ageement and with only complete agreement of both parties and, if there is any modification with respect to child support only, subject to court approval." My lawyer told me that the only time we have to go back to court is when the change has to do with child support. He also mentioned to me that this is your home and you can do whatever you want to do with it. If at sometime down the line you and your x-wife don't get along you can ask her to leave and if she doesn't you can have her legally evicted. He also said I could sell my home any time I wanted to because she waived all her rights to it. My question is did my lawyer execute this addendum properly or should we have gone to court to change this part of the agreement. I live in Connecticut where the un-contested divorce occurred. thank you Mike

[Edited by MP9579 on 01-23-2001 at 05:02 AM]