Tuesday, September 30, 2014

If i own a house it is in my name only and am still married (house was bought while married) and my wife wants me to pay her off for her par...

Question

If i own a house it is in my name only and am still married (house was bought while married) and my wife wants me to pay her off for her part of the house, and she signs and agreement to relinquish any claim to it or it's equity and later we get divorced will that agreement hold up.



Answer

Generally and with exceptions, of course, a division of marriage (marital) property is final upon divorce (marital dissolution). An agreement such as you describe may or may not 'hold up'. I urge you to confer with an attorney who can assist you with such an issue. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Attorney, Minnesota Divorce Division of Property Attorney, Minnesota Family Law Attorney, Minnesota Family Law Mediator, http://dwyerlawfirm.net



Answer

An n agreement such as the one you describe is a post-nuptial agreement which are not viewed particularly well under Minnesota law. For such an agreement to even have a chance to be enforceable, each party must be represented by counsel and the document must be notarized with several formalities.

You must retain counsel. For a consultation call 6612-240-8005.



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