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I signed divorce papers while I was have some health

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problems, I was seeing psychiatrist...
I signed divorce papers while I was have some health problems, I was seeing psychiatrist, I was in the hospital 2 times. I sign Divorce paper during that time, and He got everything. We have lived together for the past three year after the divorce, there is a lot of thing still in my name. I have proof that we have lived together as man and wife. can I do anything about it. I am still living in our house. Now he wants me to move off the farm. His Mom gave me half the farm, when she past away it was in the will. Can I take him to court.
Submitted: 2 years ago.Category: Family Law
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Answered in 7 hours by:
10/17/2015
Family Lawyer: mmdesq, Family Law Attorney replied 2 years ago
mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience: Attorney with 13 years experience.
Verified

Good Evening,

I will try to best answer your question.

If your mother-in-law listed you in the will and gave you half of a piece of real estate at the time of her death, then that is what you are entitled to. If you subsequently give away your interest the divorce proceeding that I would see you would not be. The time period that you have lived together after the divorce will not count as a marriage since there was no nuptials exchanged.

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Customer reply replied 2 years ago
am I screwed
Family Lawyer: mmdesq, Family Law Attorney replied 2 years ago

I assume by your response that you must have transferred your inherited interest to your husband through the divorce proceedings. If that is the case, the only other option I see is to attempt to invalidate the divorce agreement because it was not voluntarily and knowingly and heard into. Perhaps you can use your mental status at the time to avoid the marriage settlement agreement

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Family Lawyer: mmdesq, Family Law Attorney replied 2 years ago

Would you be kind enough to write me please. Thank you

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Customer reply replied 2 years ago
I am on disability, So he was afraid they would take everything, so that is why we got the divorced, then when I started to get better, he was ready for me to get out. I have two girls by previous marriage. They said I was all for it so disability could not get the farm. I have memory issues. So I guess I believe what they say , but they did not think he would use it this way. So I was laying on the couch, and sleeping a lot then because of the med. doctor I was being prescribed, My therapist and doctors will give me the list of meds and speak if I need. I just not sure if it is worth it. He claim's the girls will get the farm when he dies. But he could have a different women by then.
Family Lawyer: mmdesq, Family Law Attorney replied 2 years ago

If you ever want to pursuant now is the time. You will not be able to pursue it later.

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Customer reply replied 2 years ago
what should I do
Family Lawyer: mmdesq, Family Law Attorney replied 2 years ago

If you have any desire to pursue it you should do so now.

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Customer reply replied 2 years ago
how
Family Lawyer: mmdesq, Family Law Attorney replied 2 years ago

As I had stated previously, if you have already signed away your interest you inherited in the Marital Settlement Agreement, you will have to file a motion to set aside the Marital Settlement Agreement asserting that you did not knowingly and intelligently enter into the agreement because of your mental health issues. This is a difficult burden to prove, so I highly recommend utilizing an experienced family law attorney to increase your chances of success.

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mmdesq
mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
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Experience: Attorney with 13 years experience.

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