White Plains, NY asked in Divorce for New York

Q: Am I required to provide my ex husband with proof of payment from a divorce agreement?

Based on the divorce agreement my ex husband had to buy me out of the house. We both can not find proof of payment. If we go to court will I be required to sign a document stating he paid me for the buy out?

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2 Lawyer Answers
David Ivan Bliven
David Ivan Bliven
Answered
  • White Plains, NY
  • Licensed in New York

A: Without reviewing the exact structure of your agreement, if it says your husband needed to buy you out, then it seems to me like - if you're disputing same - he'd need to produce evidence of the payment. That said, with something so significant, one would think there'd be a cashed check or something similar. Schedule a consult with a White Plains Divorce Attorney for a full assessment.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: If you go to court, you will be under oath to tell the truth. If you are asked if you received the payment and you said no and then later proof is found, you will have committed perjury and fraud so the best course is simply admit that you got the buyout money if you did.

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