Legal Question in Family Law in Connecticut
divorce agreement
Hello. My question is about how my wife and I agreed for her to keep her name on the mortgage until I could refi and then I would give her $10,000 equity in the house, which now probably doesn't exist in the market. At the time of agreement before the divorce papers were signed she never told me she was pregnant with someone els's baby. She was asked on the stand if she were bearing child and she said NO. So didn't she purger herself to the judge and I signed an agreement under false pretense? Not sure what to do. Should I inform the court?
1 Answer from Attorneys
Re: divorce agreement
Well that's interesting.
Yes she did perjure herself if she denied being pregnant. You may be able to reopen the case because she committed a fraud upon the court and you. You also may be able to get out of the agreement because of the fraud and rewrite the terms of the settlement regarding the house. You would have to start the case over. (You are still technically divorced if you are successful in reopening the case. The terms of the final judgment, other than the actual dissolution of your marriage, is reopened)
However, please note that I said "may," and not "will." There are no guarantees, but it may be worth pursuing, especially since the 10k equity may no longer exist.
One other issue worth mentioning. You don't say when you were divorced. Timing is important in these types of matters and potentially could bar you reopening the case if you waited too long.