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Anonymous Asked:

My wife and i seperated several years ago and I signd a seperation agreement with her lawyer without seeking my own legal council. Is it binding or can I change my mind about the things i agreed to, such as giving her our marital home that was completely paid for?

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A Family Lawyer
6 years ago

Generally, until the agreement is set aside it is a binding legal document enforceable through legal measures. Your title, ownership and rights to the house have already been transferred pursuant to the separation agreement and transfer of title and other real estate documents. In family law, domestic contracts may be set aside on grounds of failing to understand the nature and consequences of the agreement, or failing to disclose significant assets and debts, or otherwise in accordance with common law, i.e., duress, coercion, absence of independent legal advice, etc. However, the transfer of title pursuant to the separation agreement is not going to be set aside simply because the separation agreement is set aside. The signing of the separation agreement and transferring of title to the matrimonial home are two separate transactions. You should speak with a lawyer to discuss this situation, and possibly the best outcome may be to tie in the consequences of having transferred the home in consideration of support issues, and therefore receive credit against any support obligations, but that would mean not seeking to set aside the agreement.

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