Hey everyone, my son is going through a divorce, and his wife is rushing him to sign the papers she sent via email. They got married in April 2022 and bought a house together in October 2022. But in the divorce papers, she claims she was single when the house was purchased. That doesn’t seem right to me. Shouldn’t the house count as marital property? Also, he hasn’t signed anything yet. Any advice on what he should do before signing?
If they bought the house after they were married, it should probably be considered marital property. He shouldn’t sign until this is clarified.
Zan said:
If they bought the house after they were married, it should probably be considered marital property. He shouldn’t sign until this is clarified.
That’s what I thought too. Should he mention this to a lawyer before doing anything?
Zan said:
If they bought the house after they were married, it should probably be considered marital property. He shouldn’t sign until this is clarified.
Definitely. A lawyer can help file an objection if the paperwork isn’t accurate. Don’t let him rush into signing.
Sounds like she’s trying to rush things to avoid splitting the house. Make sure he gets legal advice before doing anything.
Eliana said:
Sounds like she’s trying to rush things to avoid splitting the house. Make sure he gets legal advice before doing anything.
Thanks! We’re planning to meet with a local attorney soon. Just wanted to get some initial thoughts here.
Eliana said:
Sounds like she’s trying to rush things to avoid splitting the house. Make sure he gets legal advice before doing anything.
Good call. The lawyer can help figure out how to protect his share of the property.
Does the paperwork actually say she was single when the house was purchased? That’s weird if they were married at the time.
Jin said:
Does the paperwork actually say she was single when the house was purchased? That’s weird if they were married at the time.
Yeah, that’s what it says. We think she’s trying to keep the house out of the marital property split.
Jin said:
Does the paperwork actually say she was single when the house was purchased? That’s weird if they were married at the time.
If it’s in writing, it can definitely be contested. Just make sure to document everything and bring it to the attorney.
If he doesn’t agree with what’s in the papers, he absolutely shouldn’t sign. He can file a counter-petition instead.
Taron said:
If he doesn’t agree with what’s in the papers, he absolutely shouldn’t sign. He can file a counter-petition instead.
Got it. What’s a counter-petition exactly? Is that just telling the court what he disagrees with?
Taron said:
If he doesn’t agree with what’s in the papers, he absolutely shouldn’t sign. He can file a counter-petition instead.
Yeah, it’s basically a formal response to the divorce papers where he lists what he wants and what he disputes.
FYI, if he doesn’t sign, the court will eventually make a decision anyway. But it’s better to have a lawyer on his side.
Channing said:
FYI, if he doesn’t sign, the court will eventually make a decision anyway. But it’s better to have a lawyer on his side.
That’s helpful to know. Thanks! We’ll definitely talk to a lawyer first.
Channing said:
FYI, if he doesn’t sign, the court will eventually make a decision anyway. But it’s better to have a lawyer on his side.
Yeah, the lawyer can help make sure the court has all the right info before they decide.