Contesting Signed SA


#1

I have found examples of case law where people have been successful in having a signed SA overturned b/c it was signed under duress and/or was grossly unequitable.

Last August when my ex- and I signed our SA I was financially in a decent position, and in my admitted haste for wanting to be “done with things” I allowed him to have half of our joint checking account ($7500) at the time. He cried poverty b/c of pending medical bills for his daughter (at that time) and if I took half the checking account at that time it would have been very tight for him (not really but in his eyes) until he got paid/bonus. I took half our saving plus my inheritance, which doesn’t count but in his eyes . I also gave up my share of equity in both homes we own, again b/c he said “we used mostly “his” money to make payments and down payments.”

I have since had to buy a new car, the one given to me in the SA went kaput, and have had to make significant repairs to the home I purchased after our SA this has put a big dent in the proceeds I did get. It would really help pad my finances to have my “half”.

I have asked him to graciously to give me half the checking I was due, but gave up last fall, when we get our joint tax refund. He will not commit to this, but wants to see how much the refund is first. My point is I want the 7500 regardless of the refund’s total amount and am willing to take him to court to get our SA overturned. I have found examples of case law where people have been successful in this, what do you all think? Do I have a chance in heck? I

He makes $160,000 a year, I make $35,000. I took care of our home, reduced my hours at work so I could cart his kids around while we were married and made many other significant personal sacrifices and endured alot in our 3 years of marriage.


#2

It is very difficult to have an SA overturned, and based on the facts you list, I do not think an action to set the agreement aside would be successful.