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How do I stop from losing my community property with my ex-husband; our house.

Holbrook, AZ |

I was in a default divorce hearing, I was in default. I was on the phone with the court during the hearing. I have a tape of the hearing which states that the court ordered us to keep our house to sell at a later, mutually agreed upon date. This was what was agreed to during the hearing and on tape, however the court documents state that I will "sign the documentation quit claiming her interest to the residence." Now the ex is trying to get me to sign documentation to that effect, when it's not what was agreed to verbally during the hearing. There is a mistake on the court paperwork. This hearing was in Holbrook, Arizona.

Attorney Answers 2

Posted

Usually the terms of the Petition govern what the Court orders upon default. If you believe that the final court order differs, you should consult with your own family law attorney to review the documentation and clarify whether the Court made a mistake or explain what happened.

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Posted

I would file a Motion to Correct Mistake or a Motion for Clarification to have the court address the problem.

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