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I am in the middle of a divorce and my husband and I have…

I am in the middle...
I am in the middle of a divorce and my husband and I have agreed on a partial property settlement and custody and that I can purchase a house using a 401k withdrawal and move out. The draft is with my lawyer who got called out of town unexpectedly. The close date on the house is rapidly approaching and I'm getting nervous the agreement won't be fully executed in time for me to withdraw the funds. My husband is convinced the "court" will care if I take funds out and we will get in trouble somehow. As long as neither of us complain to the court and the agreement is fully executed within a reasonable timeframe I don't think the court will care.
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Answered in 1 minute by:
3/8/2018
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,793
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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As long as nobody complains you should be fine.The risk is that ex will not settlement and assert claim on the house or the 401k.If you have sentiment signed in writing then you have protection through the courts if he doesn't comply.But its your call here whether to take the risk.Only you know your ex and whether his word is your bond.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

RayAnswers
RayAnswers, Lawyer
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Satisfied Customers: 48,793
Experience: 30 years as a family law lawyer .
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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