Legal Question in Family Law in Virginia

property settlement agreement

A property settelment agreement was entered into the courts and signed by a judge. The husband did not file an appeal and the time has passed for the appeal. Now, he wants to change the property agreement and the support agreement, both which are filed with the courts and signed by a judge.

In the property agreement the husband agreed to give the wife exclusive rights to the house and 10 acres for 5 years, after that time she has first rights to buy him out or sell the house. He now wants the judge to change the order and give him 3 acres so that he can build a house right near the wife's house. Also he wants to change the amount of support even though there have been no changes in circumstances. Will a judge likely over turn an order that has been in place for about 3 months?


Asked on 4/19/06, 9:44 pm

2 Answers from Attorneys
Shane Jimison Jimison/Homiller, PLC

Re: property settlement agreement

Short answer: husband appears to be out of luck.

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Answered on 4/19/06, 11:02 pm
Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: property settlement agreement

I really don't think a judge is likely to change the PSA unless he is alleging AND PROVING some sort of duress, cohertion or SUDDEN MATERIAL CHANGE IN CIRCUMSTANCES and so forth.

Sincerely,

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Answered on 4/20/06, 7:25 am


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