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I would like to amend my divorce decree. my former spouse

I would like to amend...
I would like to amend my divorce decree. my former spouse and I are in agreement over the desired amendment. It relates to the disposition of real estate. I am the sole owner of the home, and the original agreement called for splitting, 50/50 any equity at time of sale. My former spouse has agreed to waive her share of any equity. What process should I follow to amend the agreement? Thanks
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Answered in 4 minutes by:
10/1/2012
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,008
Experience: Attorney with experience in family law.
Verified
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

There may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon I can.

You can just type up your agreement, and have both parties sign it. It's not necessary to go back to court, unless she's going to try to claim that you've violated the original decree (which is why you have her sign the amendment). For the amendment to be valid, each of you must receive something in exchange for your agreement. So, if the judge gave her half the equity, she would need to get something in exchange for waiving that right. That doesn't necessarily have to be something of equal value, but it has to be *something* - getting her name off the loan to protect her credit, for example, or even "Good and valuable consideration of $1." (This is the language commonly used in gift transfers of property.)

Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.
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Customer reply replied 5 years ago

Thanks. Is it necessary to have it notarized?


 


Regards.

It's not necessary, but it's a good idea if there is any chance that she'll come back later and claim that she didn't sign it.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,008
Experience: Attorney with experience in family law.
Verified
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Lucy, Esq.
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