Legal Question in Family Law in Virginia

Modify agreement

Separation agreement was agreed/signed by both parties during mediation, and then signed by a judge and made a court order about 1 year ago. Among other things the agreement gave the wife the house and 10 acres for 5 years. After the 5 years then the wife had the option to buy out the other, sell her rights to him or sell and split proceeds.

Now the husband has sued the wife for 3 acres of land saying that she violated the agreement by asking him if he wanted to sell now instead of waiting the full 5 years. He has been asking for 3 acres since he signed the agreement. He wants to build a house next to hers.

Any chance he can now modify the original agreement or sue her for the land?


Asked on 11/20/06, 9:13 am

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Modify agreement

Not much. You didn't violate an agreemeent. Your agreement is now a Court Order and is not optional until a judge changes it. Even if you sell him the 3 acres now, the terms of the Order can still take efect per the Order. It is close to impossible to invalidate an agreement once it has been ordered by the Court.

Good luck.

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Answered on 11/20/06, 9:47 pm


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