When my agreement was made I was living with my elderly father in his home. He has since passed away. In his will the house was given to my brother, sister and myself. The problem for me now is that I must take a mortgage out in order to give my siblings their equal 1/3 of what the property is worth. My income after being dispensed for my financial obligations is maxed out and does not leave me the ability to pay on a mortgage. In fact I do not even have the ability to find a place to rent if we sold the house out right. The only reason that I was staying afloat was that I did not have a mortgage or rent payment to pay. Unfortunately this was not considered when I signed a totally one sided agreement.
If you are divorced, the agreement was most likely incorporated, but not merged, into the divorce decree. If the 30 day appeal period has lapsed, then all matters relating to marital property and alimony are final judgments that cannot be overturned. In your situation, you received an inheritance which, by all accounts, should improve your financial situation, not lessen it. Why not sell the property and spilt the proceeds between your siblings? If you are not divorced, you might be able to ask for alimony if it wasn't waived in the agreement, but -- based on what you wrote -- this may not be successful. You should review your entire situation with a local family law attorney who can review the agreement and any court orders to give you more specific advice.
This is a general response that should not be considered legal advice. No attorney-client relationship has been formed. Please speak with an attorney in more detail about your specific situation.
I agree with counsel, if it’s been more than thirty days since the order for divorce then that order is final.
If you are divorced already then unless you have minor children then nothing could be done (except for child related). If not divorced yet, you may have a few options, but no guarantee.
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If your agreement was incorporated in a divorce order and more than thirty days have passed since the order was entered, you are stuck, except that, if the agreement provides that you receive alimony and there is no language prohibiting a court from modifying alimony, you might be able to get it modified. You should meet with a lawyer, bringing the agreement and any court order with you so that you can get a reliable opinion. You should also pursue the possibility of buying out your siblings, or selling the house. A lawyer can help you to decide which route is best for you to follow.
The information provided is based on the facts provided by you. There may be many other facts relevant to your question, and those facts are not necessarily included in your question. You should seek the advice of an attorney who has the opportunity to obtain all the facts and information relevant to your situation prior to taking any action or making any decisions. You should not rely on this answer in determining your course of action, other than to meet with an attorney. This answer does not establish an attorney/client relationship between us; the answer is provided for general purposes only.
No one can answer this without looking at the agreement. As noted by the other attorneys, if the agreement was finalized and filed any terms regarding alimony are probably binding. Again, have an attorney look at it.
I agree with my colleagues. And, as you can see, there are plenty attorneys to chose from who would be happy to help give you a tailored opinion.
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Under the circumstances presented, it would be very difficult; particularly without a careful legal study of the agreement. Good luck.
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