Legal Question in Family Law in Iowa
Instead of going through a mediator my soon to be ex wife and I sat down and split up all of our assets writing down what we decided on and then signing each paper (there were 3 in total). She wanted to keep the house so we wrote in there that she would get the house and was in control of who would live there and all debts on the house. Since the house was on the market we decided that since she wanted it she would keep any profit from the selling but she would also be responsible for any loss on the property. She and I both signed that paper with no witnesses but we both got a copy. The house has now been on the market for 3 months and it's not selling. Her realtor said she needed to lower the price which would cause her to take a loss on the house. Now she's saying that I'm responsible for half of the loss and refuses to sign the divorce papers unless theres a stipulation added that I pay half of the loss on the house. My question is, how binding is that piece of paper? Can she just change her mind? She was all about taking responsibility for a loss when it looked like she would be able to sell the house for a profit. Now that the possibility of her actually taking a loss is becoming a reality can she just go back on the paper work we put together agreeably and signed?
1 Answer from Attorneys
The fundamental problem is that you agreed to a division of property and debts without a good solid understanding of a few things, and I will list them.
1. The 'agreement' you both signed is more or less not worth the paper it is printed on. It's classic 'he said, she said'.
2. Two people can not get together and make an agreement that affects the rights and responsibilities of a third party-in this case, your creditors.
3. She doesn't have to sign the divorce papers if she doesn't want to, but if you are the petitioner or cross claimant you can force the issue.
4. She's already treating the written agreement as of no force and effect. So what are you doing?
5. A court will divide up the property equitably in the absence of an agreement. Let them do it.
6. Get an attorney to salvage what you can out of this mess.
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