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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Divorce Settlement instructed familial house be sold within

Customer Question

Divorce Settlement instructed familial house be sold within 6 months. Verbal agreement was to wait until housing market improved. Wife moved to a different state, husband threatened wife over 1500.00 debt and coerced her into signing away claim to the property in Georgia.
Were verbal and subsequent changes legal?
Submitted: 11 months ago.
Category: Family Law
Expert:  Samuel II replied 11 months ago.


This is Samuel. Yes, the owners could have agreed verbally and it is legally enforceable. Unless the wife can show that he placed her under duress, threatening for her to sign, a verbal agreement is binding. Harder to prove by binding. So when you say "coerced" what would that be exactly?

Expert:  Samuel II replied 11 months ago.

Was the wife unwilling to make the verbal agreement? And what exactly was said that made her sign those property rights away?

Customer: replied 11 months ago.
Wife was reluctant, but husband had pressured her to move out, and then out of state. His argument was that wife owed money on old debt, and house was going to require "thousands of dollars" to make it market ready. If wife couldn't pay both the old debt and 1/2 of upkeep, then she would have to give up her claim to the property. After the expense of moving, she did not have disposable income to use for that purpose.
Expert:  Samuel II replied 11 months ago.

Thank you. It sounds a little pushy, but not sure it would equate Duress under the law. If in short she did not have a gun to her head, then generally a court is going to decide the signing of the quit claim deed to the ex spouse is legitimate.