Is a notarized letter of separation dividing marital property worth anything in court?
Full Question:
My friend has been married for about 15 years. He bought a house together with his wife (although he paid for the house out of his own money in cash by himself) and he has it in both of their names. They have no children together. And they also have a cleaning business together that he put in her name only. They were having problems and decided to separate, she moved out and his wife signed a notarized letter stating that:
She will keep the business and all the profits.
He would pay off all of the credit cards and debts.
She would take all the furniture.
She would pay for him to get new furniture.
He keeps the house and pays her a lump sum of $20,000.00 dollars.
They both lived up to the letter and everything was done. Now that he is talking to her about starting to file the paperwork for a no contest divorce online, she said she is getting a lawyer because she wants more. She also mentioned that the notarized letter is worthless and won't hold up in court. Is that true?
05/15/2007 |
Category: Divorce ยป Separation A... |
State: Florida |
#4858
Answer:
The letter would be good evidence of the parties intent and desire and could be adopted by the court. We cannot say whether it would be binding on the Court but good evidence.