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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100450
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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is a contract written and e-mail to my wife, never notarized.

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is a contract written and e-mail to my wife, never notarized. binding on division of non-marital and marital posessions. i was under duress at the time we were seperated and now have reconciled. do i have to worry about the agreement if it was never filed with the court and not notarized
Rvgowen,

No, it is not a proper contract since a proper contract has to contain BOTH the parties' signature.

The Court would look at that text as a draft contract at best, XXXXX XXXXX thus not legally valid.

You have nothing to worry about.


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Customer: replied 7 years ago.
even if i stated in the e-mail that the e-mail was legal binding, again under duress?
Yes :)

They can TRY to argue that this is a contract, but no Judge would ever go for this.

Here is an example: If I wrote my fiance a love letter in which I stted that I would "send you on a trip around the world in a year," I wouldn't be liable to do so, would I?

Also, the contract is missing something called "consideration" - a legal term for what the other party pays to get the service.

So, no signatures, no consideration --> NO CONTRACT.

You're in the clear!


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I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.

Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.

There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 or by beginning your question with “This Question is for Eli - ”
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