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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5800
Experience:  20 years of professional experience
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On June 27th my soon to be ex-husband and I filled out

Customer Question

On June 27th my soon to be ex-husband and I filled out divorce paperwork, including the divorce decree. We had it notarized. We made out copies and because he works out of town he took his copy with him. On July 1st I went to the courthouse and filed the paperwork, a case number ***** assigned and I was told it would go to the judge in 20 days. All of the sudden my soon to be ex has decided after speaking with his girlfriend that he wants to change some things in it and take me to court and involve lawyers. Can he legally do this or because he signed the accept and acknowledge paperwork and we both signed the affidavit and the decree of divorce does he have nothing to stand on?

The house was bought by him 2 years before we married and he never put my name on it.   In the paperwork we signed he took full responsibility of the house but is now trying to go back on that.

Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
It appears that you are saying that the house was titled in his name and that the mortgage on the house was only in his name as well. It further appears that you are saying that this purchase took place 2 years before your marriage and that now he is trying to get you to pay part of the mortgage payments.
1. If he signed something to the effect that he would be solely responsible for the house, then the court will typically hold him to your bargained for property settlement agreement; even if the divorce decree is not yet signed off on by the court.
2. If if the court does not sign off, he still does not have a leg to stand on since the note and title to the house were in his name before marriage and are considered his separate property and separate debt.
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Customer: replied 1 year ago.
My main question is since we have signed and filed the divorce decree and are just waiting on the judge is he able to go against what we have already filed with the courts? Is he able to get a lawyer and make the decree we have already signed and submitted obsolete?
Expert:  Maverick replied 1 year ago.
My main question is since we have signed and filed the divorce decree and are just waiting on the judge is he able to go against what we have already filed with the courts?
1. Of course he can try to do anything; but based on what you have stated he is not likely to succeed. See my answer above.
Is he able to get a lawyer and make the decree we have already signed and submitted obsolete?
2. He can get a lawyer and try to do this; but what you have signed is an enforceable agreement even if not yet signed off on the judge. In other words the property settlement / division terms are still enforceable; while child custody and visitation terms and the granting of the divorce is still up in the air since the judge has not signed the decree.