0
I signed over rights to the house in the divorce. My name is still on the deed and the mortgage. I was under duress and have a restraining order on him. Can he force me and our children out?
Wiki User
∙ 13y ago
If you conveyed your interest in the property as part of the legal divorce proceeding you may have difficulty convincing a judge now that you did so under "duress". Everyone is stressed by a divorce proceeding but that is the time to gather your strength and fight for your rights. The court's job is to make certain the marital property is divided fairly. Your job is to fight for what you need to support yourself and your children.
The divorce decree signifies the marriage is over, that all matters between the parties have been resolved, and the parties have no further claims against each other. Signing over your rights to the real estate without negotiating some other benefit for yourself and the children was a mistake. No one with children and property should enter a divorce proceeding without an attorney.
If you "signed" over your rights then you signed a deed. Therefore, you no longer own the property and yes, he can ask you to move out. However, you are still responsible for paying the mortgage. If you were represented by an attorney, there would be a separation agreement stating that for signing over your interest in the home, the mortgage would be refinanced in his name alone and you would be given a cash settlement. You should also receive child support.
You need to consult with an attorney who can review your situation and determine what your options are. You could also check to see if there is an advocate at the court who could listen to your story and advise you what you can do now.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
If missed diagnosed with bipolar and on heavy meds can you appeal the divorce agreement you feel you signed under duress and not of sound mind?
Yes, but it might not be granted.
What are types of duress?
Mid-authenticate, pass the duress word, activate duress alarm.
Is a contract entered into under duress voidable?
There are 3 classes of duress. 1. Duress to person 2. Duress to property 3. Economic Duress Contracts under into under duress to property and economic duress are voidable. Hence the injured party can choose to rescind the contract or affirm it. But for contracts entered into under duress to person, the contract is void at the start. It is treated as though there is no contract.
When does duress occur?
duress means when you are under pressure in any case and some one apply pressure to accept the offense which you are not committed. this is duress
What is the deffense of duress also known as?
The defense of duress, also known as the defense of coercion, is a legal defense in which a person claims they were forced to commit a crime due to a threat of imminent harm or death. This defense argues that the individual acted involuntarily under the threat of serious consequences.
What is a sentence with the word duress in it?
Her confession will be invalid if it was given while under duress.
Duress in a sentence?
The market went down recently and my company is now in financial duress.
What do i do if i signed a contract under duress?
First you should look for any right of rescission in the contract. That right is generally found only in home equity mortgage contracts and contracts signed at your home and you must cancel the contract within the time period allowed. Otherwise you will need to prove that you were under duress in a court of law by providing proof of the duress. Duress in law is not taken lightly. The claimant must prove coercion beyond what would be considered reasonable persuasion whereby a person performs an act as a result of violence, threat or other extreme pressure against the person.
Sentence using duress?
the statement you gave should be inadmissable in court because it was given under duress
Is there a Latin term for signing under duress?
V.C. is the latin term for signing under duress.
How do you use the term Use of duress in a sentence?
(the "use of duress" applies to coercing or forcing someone to do something)"A confession to a crime may not be admissible if it is obtained by the use of duress.""The use of duress to obtain information from prisoners of war is restricted by the Geneva Conventions.""International law prohibits the use of duress in obtaining treaties, but this was common when European countries had worldwide empires."
What rhymes with suppress?
Duress
