Legal Question in Family Law in Virginia
wife's and husband's dispute over marital agreement
Hi, My husband made me sign after a 1-year-long marriage a marital agreement on Aug 15,2005. In the agreement it says he was supposed to pay me a fixed sum of money at the date of the signature, which he until today has not. The agreement gives me a one year till I have to sign quit claim deed on our house, which we jointly own. After that, it will be his, although I am very much against it. My question is: Based on the fact that he has not paid me the amount as it said in the agreement, can I refuse in the end to sign the quit claim deed on the house and have the whole agreement cancelled? And if not, what can I do to make him pay me the money back immediately-do I file with the court and is it quaranteed that he has to pay me or can he get out of it somehow? thank you. Petra
1 Answer from Attorneys
Re: wife's and husband's dispute over marital agreement
Not having seen the agreement, it's unwise to venture an opinion, but my knee-jerk reaction is don't to anything, particularly after a year of very significant increases in real estate values.
It's possible his failure to pay is a significant enough breach of the agreement to recind the whole thing.
You need to have competent counsel to look at it all.
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