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Question

When is a property settlement final in a separation/divorce agreement. A friend of mine signed a separation agreement, when she read the agreement there were no grantor/grantee pages for real property. The agreement listed a monthly payment for two years. She later learned his copy of the agreement had a page that she had signed indicating she was grantor and he grantee for all real property. This copy was not in her packet. This was only the separation agreement. Divorce will not be final for several more months. Would the separation agreement be the final property settlement also.

Submitted: 24 days and 11 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: North Carolina

Already Tried:
Have not tried anything. The husband had a attorney. The wife did not have a attorney

Posted by DCrane 24 days and 11 hours ago.

Answer

The separation agreement would be binding and final, but subject to judicial ratification. Generaly, the judge will accept the separation agreement as the parties' intention for the propery settlement.

24 days and 10 hours ago.

Reply

She was agreeing to giving up the personal property but not real property, can she contest the separation agreement?

Posted by DCrane 24 days and 10 hours ago.

Info Request

do you mean that her agreement was not what is written in the contract? i.e. there was no true meeting of the minds, but there was a mistake in drafting?

24 days and 10 hours ago.

Reply

She was given a copy of the agreement to read while in her vehicle. When she went in to the attorney's office to sign the papers, she did not re read the documents, she signed what the paralegal placed in front of her.

 

Later when she was at her home getting some of her things, she saw her husbands copy of the agreement. She looked thru it, is had a grantor/grantee page for the real property. She then went to her apartment to look at her copies. This document was not in her packet. She called this to her husbands attention. He said both packets were the same, then they compared each others packet. His packet included the document her's did not. He told her she could not do anything about it.

Posted by DCrane 24 days and 10 hours ago.

Answer

Thank you for the clarification, yes she can contest the agreement based on the mistake. In order for a contract to be binding there must be a meeting of the minds, that is not the case here.

24 days and 10 hours ago.

Reply

Can I print this Q & A

Accepted Answer

Yes.

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 10/29/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

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