Family Law Questions? Ask a Family Lawyer Online.
The prenup agreement will be enforced as long as the agreement was executed properly and voluntarily with full disclosure of all assets. If a valid prenup says no alimony that is what will occur.
The transfer of the deed will depend on his capacity to contract when he signed the agreement, and whether any disability continued on after the deed was transferred. A judge can find that your husband ratified (agreed later) the quit claim deed by not taking action earlier even if he was under a disability at the time of signing. Being mildly bi-polar in and of itself may not be sufficient to esatblish a valid transfer did not occur. An attorney can make sure your rights to the home, and enforcement of the prenup are preserved.
During the divorce the property will be dealt with. A judge may order it sold, or provide some other disposition of the property. You will most likely maintain your ownership interest.
Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
It is not a conflict of interest because the lawyer was representing your husband his client. A conflict might occur if they went to your lawyer and had the deed transferred. Based on your facts I doubt the deed can get reversed.
What I mean is that a court would find that since he did nothing to change the deed in 3years it is too late to change it now. If he signed the deed in his attorneys office it would be ver difficult to claim his illness as a reason to avoid enforcement. He had his representative there to assist him. There would have been witnesses to the signing who could attest to his mental state as being able to consummate a transfer of property.
If an assessment would be made a medical practioner would be needed. I doubt this can be effective.
In marriages of less than ten years, the statute provides a presumption that support should be granted for half the length of the marriage. You spousal Support would be for 2 years under that guideline.
You can be separated and living in the same house.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
Separation is included, legal separation is not.