Is agreement via email binding

[Nselwonk]

Jurisdiction

Florida

I am separated from my wife. We only communicate via email. When we separated, we agreed that a simplified dissolution of marriage would be best and we'd settle our finances amicably.

In negotiating the settlement. My wife agreed that I could keep the entire brokerage account. I agreed to refinance the house into my name only and pay her a cash out from the proceeds. The refi was last week and she was given the lump sum. Four days later (after the 3 day waiting period), she reneged on her end and now wants half of the brokerage amount.

My question is whether that email thread I have is legally binding?

Thanks

 

[justblue]

I am separated from my wife. We only communicate via email. When we separated, we agreed that a simplified dissolution of marriage would be best and we'd settle our finances amicably.

In negotiating the settlement. My wife agreed that I could keep the entire brokerage account. I agreed to refinance the house into my name only and pay her a cash out from the proceeds. The refi was last week and she was given the lump sum. Four days later (after the 3 day waiting period), she reneged on her end and now wants half of the brokerage amount.

My question is whether that email thread I have is legally binding?

Thanks

How much is in the account? How much is the house worth and how much did she get in cash out?

 

[Nselwonk]

How much is in the account? How much is the house worth and how much did she get in cash out?

 

[Zigner]

375K in the account. The house is worth 650K. The mortgage was 265k prior to the refi. She received 160K.

Why shouldn't she get all of the proceeds from the house?

 

[army judge]

My question is whether that email thread I have is legally binding?

Do you believe that responders on a private Internet site can definitively say what a judge in your state will decide, or how the judge will rule?

I suggest you speak with an attorney, then retain one, if "lotsa loot" is on the line.

However, you impress me as a person of average or above average intelligence.

Truth just might be that all of us here (myself included) are dumber than a cucumber or pile of donkey scat.

I think you have some insight as to how a judge would rule about an email or text message replacing a signed, dated contract.

Good luck.

 

[justblue]

375K in the account. The house is worth 600K. The mortgage was 265k prior to the refi. She received 160K.

She likely consulted with a Divorce Attorney who told her how incredibly ...unfair and lopsided...this agreement was towards her.

 

[Nselwonk]

Why shouldn't she get all of the proceeds from the house?

The house wasn't sold, not sure I understand the question. I refinanced, took a huge mortgage and gave her half the equity. My question is whether the agreement was binding.

 

[Nselwonk]

She likely consulted with a Divorce Attorney who told her how incredibly ...unfair and lopsided...this agreement was towards her.

That's not an accurate description, there are many other financial items involved.

 

[army judge]

The house wasn't sold, not sure I understand the question. I refinanced, took a huge mortgage and gave her half the equity. My question is whether the agreement was binding.

You really, really, as in seriously really need to hire yourself a great, family law attorney.

Just so you know, your spouse can hire an attorney and if you have more loot than she/he does, you'll be paying for hers/his anyway!

 

[Nselwonk]

You really, really, as in seriously really need to hire yourself a great, family law attorney.

Yes, I know. I'm working on it.

 

[justblue]

The house wasn't sold, not sure I understand the question. I refinanced, took a huge mortgage and gave her half the equity. My question is whether the agreement was binding.

Do you have an attorney?

 

[Zigner]

The house wasn't sold, not sure I understand the question. I refinanced, took a huge mortgage and gave her half the equity. My question is whether the agreement was binding.

Gracious of you - you gave her (less than) half the equity, while you kept the other (more than) half of the equity PLUS $375k.

Yeah, I can see her not wanting to agree to that.

 

[zddoodah]

My question is whether that email thread I have is legally binding?

It is impossible to opine intelligently about the legal effect of a document we've never read on a legal situation about which we have only 99 words of information.

I suggest you retain the services of a local divorce attorney.

 

[adjusterjack]

In negotiating the settlement. My wife agreed that I could keep the entire brokerage account.

What if she wouldn't have agreed? How much financial power did you wield over her? I'm guessing a lot. If she can show that she was under duress "Take what I give you or get nothing" she'll get half your brokerage account, which she is likely entitled to anyway.