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I am unsure if I need a lawyer or not. My husband has sent me a divorce settlement and child custody agreement. I signed it because it seemed to be in order. It states I am to recieve a quit claim deed to the property upon execution of this document (I have lived here since he left over a year ago. I am paying for this property. The loan is mine and he is on title.) I am to recieve child support upon execution of this document. My questions are 1) WHen is this document considered executed? Upon signing or the final decree? 2) I recieved his signed copy and there is only one witness. I was told that two witnesses were needed when real property is involved. He has now filed these with the court. I understood that he should have signed the quit claim when he signed the settlement agreement and he says that he will sign when the divorce is final. If this divorce becomes final with only one witness to his signature is the real estate portion void and he can come after half of my home
State/Country relating to Question: Florida Already Tried: One last thing. Can part of the document (real estate portion) become void due to the lack of two witnesses and the rest of the document hold up? I am giving him my car and a lot of valuables.
Yes, you are supposed to have two witnesses to sign an agreement that affects real property. But the lack of signatures would only affect the legally binding nature of his agreement to sign the quitclaim deed, not the entire agreement. Also, if the judge signs the settlement agreement anyway then the entire settlement becomes binding, even without the two signatures. If for some reason your husband were to go back and try to void the part of the agreement that states he will sign the quit claim deed, the rest of the agreement would remain intact. And there is no guarantee that he would be successful in voiding that part of the agreement anyway.
Even though the agreement states it is effective upon execution, it will only be effective as of the date the judge signs it. If they have been filed with the court then it shouldn't be too long before the judge signs it. If neither of you are represented by an attorney, then you need to call the judicial assistant or the family law center and ask if there will need to be a hearing and if you need to attend, or if the judge will just sign the papers. Don't assume that everything will be taken care of just because your husband sent the papers in. You need to keep on it until you get that signature. Then get the quit claim deed ASAP. If your husband refuses to execute the quit claim deed then you can take him to court for contempt of the divorce order.
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Attorney
Over eight years of practice in several practice areas.