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My husband cheated and left me. He took $40k of our money to

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buy an apt to live...
My husband cheated and left me. He took $40k of our money to buy an apt to live in. His mortgage co wants me to sign a letter saying I won't file for divorce or separation. If I sign it, how long am I legally bound to NOT file for divorce or separation?
Submitted: 2 years ago.Category: Family Law
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6/17/2015
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good evening. I certainly understand the situation and your concern. You would be bound for as long as it states within the agreement. I find it very odd that they would make you sign something restricting your ability to divorce or separate from him, so that certainly raises a red flag. Moreover, it would not benefit you in any way to sign this and if he cheated on you and left and used your joint money to buy this apartment, you could claim a legal right in it and he may be forced to sell or pay you for what was taken. You should not sign anything from the mortgage company without having an attorney review it.
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Customer reply replied 2 years ago

There is no time limit stated in the agreement.

Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
The agreement may not be valid and could be illegal as they are asking you to give up your legal right to divorce or separate from him regarding a mortgage. It is odd and I am not sure why they are asking this or why you would want to sign it.
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Customer reply replied 2 years ago

The underwriter for the mortgage co. wants a letter stating that we do not intend to divorce or separate, so he can get the loan for the remaining balance. (They were concerned, because he told them this will be his primary residence, and that our current home will be my primary residence.) However, I want to file for divorce as soon as possible. I wanted him to get this place so that he wouldn't have to live with my any longer, and because he stated that he would give me the house if he gets this apartment. Since he took the $40k - and the fact that this apartment will be considered marital property, which will be 1/2 mine - I will have more leverage to keep our family home. My concern is that I don't want to commit fraud to his mortgage company stating I don't intend to divorce, when I absolutely do intend to divorce. I am just wondering if it's something they can come back and sue me for? Or how long would I have to wait to file? I don't want to commit fraud.

Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
Yes you could be committing it as you are agreeing to something which you know will not happen and is not the truth. Moreover, the contract should state what their remedies are in the event something happens and they may sue for damages or they may be able to rescind the loan. Do not lie and do not sign something which could come back against you
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Family Lawyer: FamilyAnswer, Lawyer 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!
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