Recession of Property Settlement


#1

My ex-wife’s attorney sent me a letter that threatens that they might sue for recession of the property settlement. The settlement was signed July 30,2010. We were divorced on Sept. 21, 2012. Is that possible and what would they be required to demonstrate?


#2

There would have to be a specific reason for recession (which is also a breach). Separation agreements are almost impossible to have rescinded. You cannot rescind a separation agreement based on what we call “buyer’s remorse”. Unless there is clear evidence of duress ( a physical threat), or fraud, the agreement will stand.