Q: Can the wife go back on the initial filed divorce agreement for property?
My brother and his wife separated and filed for a diy divorce in June. In the divorce papers my brother gets the home they were living in which my brother purchased before they got married. During the time of purchase our mom gave my brother the down payment money and her mom and dad co-signed the loan. The wife’s maiden name is not on the loan but was put on the deed.
She moves out in May and has since rented a place with her new boyfriend. As of last night things are not going so well with the new boyfriend and she says she is moving back to the home and threatening to take it back.
Of course the final papers have not been filed since the 60 days have not passed which would be on August 11. All the papers were completed, signed, and notarized in one sitting a couple days before the initial papers were filed.
Can she go back on that initial agreement? He doesn’t want her back in the home after all she has done but he doesn’t know what is the “right” thing to do. Thank you.
A: The agreement is a contract and if your brother has held up his end of the bargain, he can probably enforce it. That being said, her names is on the deed. Did she sign a hit claim deed transferring her interest back to your brother pursuant to the agreement? If so, I’d say he pretty much wins.
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