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I have recently separated from my husband of almost 18 yrs.

I have recently separated...

I have recently separated from my husband of almost 18 yrs. We own (2) homes, (1) in Greenville, SC and the other in Anderson, SC.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

What I really need is help with my Will. Currently everything goes to him if i pass . I want to eliminate him from my will compleetly and add my only son.

Lawyer's Assistant: Have you talked to a SC lawyer about this?

No I have signed papers to give up my ownership of Anderson home and he is to give up ownership of the Greenville home. We are to finalize these papers tomorrow, March 29, 2018

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well I must admit that I was not my true self when this all took place and I have relieved my husband of any and all financial assistance forever. And this was before a judge in Anderson Cty court. I made a huge mistake and don't know what to do. Our home and wealth in Anderson is quite sizeable inmy opinion. I don't think I did the right thing

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Answered in 3 minutes by:
3/28/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,940
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question for us?

Did you get other assets of the marriage to make up for the difference between the value of the Anderson home and the Greenville home?

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Customer reply replied 4 months ago
I am in process of removing any and all of my owned possessions from the Anderson home. He is being nice at this point in time. No alimony-no part of funds in bank with exception of ($1000) to open new bank account. We have Gold and Silver that was purchased during marriage, he has a sizeable IRA account and a Schwab acct around $300 that earns around $11,000 in dividends annually. He kept car, boat, tractor and I left with a Toyota 4-Runner-2002 model. He paid me $29000 for my part of a condo time share we own in Pawleys Island, SC. That is all I have with the exception of my SS check and my IRA with approx $14,000 balance.
Customer reply replied 4 months ago
I watch every penny I spend. I cannot afford to talk with you on phone.
Customer reply replied 4 months ago
Are we still connected??
Customer reply replied 4 months ago
I think maybe I just lost $5.00 and have nothing to show for it.
Customer reply replied 4 months ago
Can you please just give me some answers?????

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

We are working with multiple customers at one time, all of whom deserve the same time you deserve. I appreciate your patience and apologize for the delay. I will be with you shortly.

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Thank you for your patience.

In any marital dissolution, the goal is to typically divide ALL marital property equitably, which may not necessarily be equal, but at least as close to fair as possible given all the circumstances.

So, in this case if you are not receiving property approximately the same value as your ex is getting out of the marital property division, then no it is not a fair settlement and if you have not agreed to the settlement already, then you need to negotiate a larger share of the marital property to make your share close to equal to his share. If he is not willing to do so, then you need to contest the division and make it go to court for the judge to divide the property, because you are entitled to the share of the retirement accounts, gold/silver and other assets as well.

If you have signed this, then you need to talk to your attorney about rescinding the agreement based on it being fundamentally inequitable and seek to renegotiate your share.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,940
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Law Educator, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
Is it possible to rescind a financial agreement that has been before the judge and approved? I must admit my husband was very threatening to me if I didn’t comply with him. I was under medical care for severe depression at the time and I had no attorney to represent me to fight him. He assured me I would get nothing otherwise. I felt threatened to go against him. I feel like I was cheated hugely.

Thank you for your reply.

Well, it is possible but rarely done and highly unlikely. It would require you to prove fraud on his part or illegal coercion. Otherwise, a court will not vacate such an order. Also, if you had an attorney and can prove that the attorney made a negligent deal and did not properly represent your rights, you could sue the attorney possibly for malpractice.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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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