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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28019
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I think my wife manipulated me in signing the marital settlement

Customer Question

I think my wife manipulated me in signing the marital settlement agreement. The 50% 401k was not included can I still overturn that and get her to include it even if I signed it already? It was not notarized yet.
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Would you mind sharing with me why you think this happened? Do you know why this was left out?
Customer: replied 2 years ago.
Her family was there and she was sweet talking me to sign. I coukdnt read focused. I signed. But when her family left I took back the papers and told her I wanna consult a lawyer and she was mad at me by changing my mind. I want the 401k included
Customer: replied 2 years ago.
She wants me to go with her to get it notarized..now I might have missef the chance to get 50% of her 401k
Customer: replied 2 years ago.
Can I still have her give me the share of the 401k
Expert:  FamilyAnswer replied 2 years ago.
Thank you for the additional information. The 401k is something which you could have a claim in and share/interest to and should have been included and discussed, regarding the MSA. There is a presumption that if you signed it you agreed to the terms and conditions stated within BUT all the martial assets should have been disclosed and referenced, so IF you were not going to share an interest in this, it should have really be disclosed. Now, if you think she intentionally left this out and manipulated you, then you could have grounds to try and amend it, to reflect your share. At this point, seeing how things unfolded already, you 100% want to consult with an attorney today to work on this. You should not do anything else until you retain an attorney, unless she agrees to change it and you can advise her of you reasoning.
Customer: replied 2 years ago.
How can I tell her that it must be amended? How can I make her realize that she must stop and pause so nothing is left out
Customer: replied 2 years ago.
Can an atty. Stop her and make the 401k included. Shes about to notarize the agreement
Customer: replied 2 years ago.
Am I getting an answer
Expert:  FamilyAnswer replied 2 years ago.
You should speak with her and ask why this was left out and explain to her what made you realize this and that it was never disclosed. If she drafted this, you can always argue it was done to favor her and exclude your interest in it. Moreover, for it to be notarized, both signatures would need to be done in the presence of a notary. It would not be valid if she took it to be notarized and only she was present and your signature could not be verified.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 2 years ago.
Is there any cance that I could still get my share of the 401k
Customer: replied 2 years ago.
Is there any cance that I could still get my share of the 401k. Even if ive signed the agreement already...implanning to get a lawyer
Customer: replied 2 years ago.
Is there any other info I can gleam on. Thanks so much
Expert:  FamilyAnswer replied 2 years ago.
You are welcome. As I shared, it would be on you to show/ explain why this was not included and that she took advantage of the situation. You signed it so there would be a presumption that you agreed but if there is a basis to show she mislead or lied then it could be amended
Customer: replied 2 years ago.
Where should I find the disclosure of the 401k in the papers sir?
Expert:  FamilyAnswer replied 2 years ago.
It would have to be mentioned within. You need to read through the entire msa since she wrote it to find it. It may not be there since it was not included since she did not want to draw attention to the fact
Customer: replied 2 years ago.
Thank you very much...
Expert:  FamilyAnswer replied 2 years ago.
You are welcome. If you could rate my help at this time it would be greatly appreciated.