Visalia, CA asked in Divorce and Family Law for California

Q: I agreed to give EX house CA divorce. The divorce isn't final can I change mind and amend agreement split house. Thanks

I want to change my mind in this divorce. I sign an agreement on splitting property and said she can keep the house. My divorce isn't final yet but we did agree on everything. Is it too late to change my mind and split the house Instead of keeping it all the judge called Community property and get cashed out? Thanks

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: Perhaps, but negotiations would be reopened. Your spouse isn't going just agree to give you half the house for nothing. This may be a reasonable option or a horrible decision on your part. Apparently, you don't have an attorney.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In divorce cases, once you and your spouse have reached an agreement and it has been signed, it may be legally binding and enforceable. However, the specific laws and procedures related to divorce and property division can vary depending on your jurisdiction. Therefore, it's important to consult with a qualified family law attorney who can provide advice tailored to your situation and the laws applicable in your area.

In general, if you have already signed an agreement regarding the division of property and have not yet finalized the divorce, it may be possible to request a modification or amendment to the agreement under certain circumstances. However, whether you will be successful in changing the terms of the agreement will depend on various factors, such as the laws in your jurisdiction, the provisions of the agreement itself, and the specific reasons for your change of heart.

To explore the possibility of amending your agreement, you should consult with a family law attorney as soon as possible. They can review the terms of your agreement, assess the legal options available to you, and guide you through the process of seeking a modification if it is feasible in your situation. Keep in mind that it is important to act promptly, as the availability and requirements for modifying agreements can vary depending on the stage of the divorce proceedings.

Remember, the information provided here is general in nature and should not be considered legal advice. Consulting with a qualified attorney who can evaluate your specific circumstances is crucial to understanding your rights and options regarding the modification of your divorce agreement.

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