After being in mediation for about five hours, I signed the papers.. When I got home and had time to myself to read it over slowly and clearly line by line.. I was not in agreement with it. I contacted my attorney right away to inform her of this. She became upset at me and informed me that she will be filing a motion to withdraw from my case.. I told her to please contact my husband attorney and let him know that I was not in agreement with what I had signed and not to file the papers..
Although my attorney was present during mediation, she did not take part in the process much nor did she explain every details to me when the paper was typed up.
It's asking me to Quick Claim Deed our house over to my husband even though it's in foreclosure and he will pay to take it out and live there.
while I have to now go out and search for a place to live with very little income.. I do not wish to give away all my rights to our home. I too would like to live here with our son. In six months he has allowed the house to go into this foreclosure and at that same time is when he filed for the divorce. He has the means to take it out of foreclosure by going into one of his retirement funds, and then apply for a loan modification; which will give him a new mortgage and can build back up the equity into the house after so many years. Then he can sell it for a higher profit. So if I sign away all my rights to the house that will leave all my investment money down the drain, I will not get a dime from the sale. To make matters worst, He wants me to move out in 90 days and he does not even want to offer a decent amount for moving expenses or pay my attorney fees. I have one week before the final hearing to know what to do about the mediation agreement.
Family Law Attorney
Your attorney was present, the mediation sounds normal enough (five hours isn't excessive), and you signed the agreement knowing that you were giving up your interest in the house. If you didn't want to do that, then you should not have signed. You should have read it "slowly and clearly line by line" at the time of the mediation--not afterward. I hope that people who read this question and answer learn something from your situation. "DON'T BE IN A RUSH TO SIGN A MEDIATION AGREEMENT." You can always get the mediation agreement drawn up, then tell your lawyer and everyone else that you want a couple of days to think about it--after all, there are real estate transactions that give you three days to get out of the deal, and a marriage deserves the same consideration.
1 lawyer agrees
I'm afraid that you might be stuck with the agreement you signed. Your best bet is to get a new attorney to help you try and get out of this mess. Good luck!
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.