Legal Question in Family Law in Arizona
My husband and I have always kept our finances seperate. We both own real estate property that we bought before we were married. We recently bought our residence together. My husband wants me to sign an agreement that specifies which party will be responsible for the liquidation of the home in case we get a divorce. It goes on to specify what things will happen if one or the other party is uncooperative in selling the home (or buying up the other's interest in the home). Can this agreement be enforced?
2 Answers from Attorneys
Yes as long as it is reasonable and entered into knowingly and voluntarily. You don't have to sign it if you don't agree with all the terms, and it may be advisable to get a separate attorney to consult about the proposed postnuptial agreement.
Best of luck!
Yes. There must be mutual considerations given. AND, it must be determined to be fair and equitable if either party later wants to contest its fairness.
We can certainly help you consider and then pursue your options in this matter.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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