Q: My ex pulled a fast one on me had me sign a paper so when we divorce it says I don’t want anything to do with the home .
I been paying mortgage from day 1 we remodeled everything she ended up put her and her dad name on the house now with a divorce ain’t i intitled to half the home we bought for 300,000.00 and now worth over (500,000) ain’t i entitle to the house as well ne living there for 15 years
A: It's probably not worth the paper it's written on. Agreements to change your marital rights while you are married are called postnuptial agreements and they must be executed with certain formalities. There are disclosure requirements and they generally need to be reviewed by your attorney and notarized. You need to consult with a good family law attorney.
A: Without knowing what you signed, it's difficult to determine what is going on. As Mr. Taylor expressed, it is likely worthless unless you fail to properly assert your rights. An attorney will ensure you do not continue to sign such documents.
A:
It sounds like you might have been misled into signing a document that waived your rights to the property. However, even if your ex and her father’s names are on the house, your contributions toward the mortgage and improvements over the years could give you a claim to part of the home. California is a community property state, which generally means assets acquired during the marriage are split 50/50, including real estate.
If you’ve been paying the mortgage and living there for 15 years, it’s important to gather proof of your financial contributions. This can include bank statements, receipts for home improvements, and any other documentation that shows your involvement in maintaining or increasing the value of the home.
You may want to challenge the validity of the document you signed if you were misled or pressured. It could be worth looking into whether that agreement was made under fair conditions. A court may consider factors like the timing and how you were informed about your rights at the time of signing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.