My husband and I are married for 30 years. We were separated since July of 2011 due to him cheating with another woman. I don’t have proof of it ; however he lied about being at work and a conversation was heard between him on another woman. My husband has 3 rental properties in his name in another state and 2 in North Carolina. He purchased the second property without my knowledge and moved his sweetheart in the condo. He continued to pay for half of the mortgage since he moved out. I tried since 2012 for him to sign a Separation Agreement. He finally agreed. I used an attorney which his a friend of a friend. She charged me reasonable fees to complete the Agreement. In the Separation Agreement he signed a Quick Claim Deed giving me sole ownership of our home. I gave up alimony, will, any future earnings . He was supposed to give me some money from his 401K and 25,000 from the sale of the condo in which he had his lady. The Separation Agreement was signed on April 27, 2013. I discovered that he purchased/closed on a home on April 26, 2013. The original deed was recorded on April 26, 2013 with his name only. On May 3, 2013 he added his lady’s name to the deed of the new house. The new house is 10 minutes from my home. As of today; I have not received any money or information regarding the transfer of the money. I am thinking of suing for breach of contract and/or Alienation of Affection. The problem is that my husband has all the money made from the properties in his name. I can sue him; however I don’t have the financial means to continue a case for 2 - 3years. What are my choices. My current attorney will take the case but I have very little money to continue to pay for services.
My questions are:
if he doesn’t transfer the money by the end of the month, Can I have the agreement thrown out ? or only the portion referring to the 4o1K funds.
Could I use Rosen on line to do the paperwork when initiating/continuing the law suit and obtain an attorney to represent me when we get close to a court date.
Are you aware of any law students that can help with this matter?
My husband is very savvy in the law and will probabbly drag on the case for months/years?
He is aware that I dont have much saved and takes advantage of this situation.
Any help, suggestions will be greatly appreciated.
DJ
I would need to review the agreement and have a consultation with you to give you the best legal advice as to how you can proceed and what actions you should take. His breach of the contract does not usually give you the grounds to throw the entire agreement out, but the execution of a separation agreement usually indicates that there has been a full financial disclosure, which it doesn’t sound like occurred in your situation. Yes, Rosen Online can assist you with drafting a complaint and subsequent documents to help you represent yourself in an action for breach of contract.