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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29814
Experience:  Attorney with experience in family law.
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I would like to amend my divorce decree. my former spouse

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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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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.)

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Customer: replied 4 years ago.

Thanks. Is it necessary to have it notarized?



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.
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