Legal Question in Family Law in Oregon
divorce settlement redo
Can a divorce settlement be taken
back to court? My Divorce is going to
be final on tuesday and It seems I've
been lied to by EX on the value of my
house. He had real estate agents
come an value the house. 2 different
agents said the house could sell for
320,000. I just had an appraised for
a new bank loan to buy him out and
it appraised at 250,000. Every thing
he got was based on 320,000. I bet
he's laughing now.
1 Answer from Attorneys
Re: divorce settlement redo
If your divorce is not yet "final" (meaning a judge has not yet signed the General Judgment of Dissolution of Marriage) you may be able to rescind the settlement agreement. But you need to act quickly, and you would most likely need the help of a lawyer (particularly if your spouse has a lawyer). Of course, you should not have accepted and relied upon what you heard your husband say that he heard a real estate agent regarding the value of the house. That's hearsay on hearsay, and it is distrustworthy (which is why it is not admissible in a court proceeding). Your should have have the house formally appraised by a professional real estate appraiser (NOT a real estate agent who is interested in obtaining the listing for sale and will give the owner/seller a high value in order to entice the owner/seller to sign the listing agreement).