1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Is agreement via email binding

Discussion in 'Division of Marital Property' started by Nselwonk, Sep 30, 2019.

  1. Nselwonk

    Nselwonk Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    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
     
  2. justblue

    justblue Well-Known Member

    Messages:
    1,586
    Likes Received:
    665
    Trophy Points:
    113

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

    Nselwonk Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
     
    Last edited: Sep 30, 2019
  4. Zigner

    Zigner Well-Known Member

    Messages:
    2,476
    Likes Received:
    1,236
    Trophy Points:
    113

    Why shouldn't she get all of the proceeds from the house?
     
    justblue likes this.
  5. army judge

    army judge Super Moderator

    Messages:
    32,712
    Likes Received:
    4,910
    Trophy Points:
    113


    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.
     
    Zigner likes this.
  6. justblue

    justblue Well-Known Member

    Messages:
    1,586
    Likes Received:
    665
    Trophy Points:
    113

    She likely consulted with a Divorce Attorney who told her how incredibly ...unfair and lopsided...this agreement was towards her.
     
    hrforme, Zigner and army judge like this.
  7. Nselwonk

    Nselwonk Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    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.
     
  8. Nselwonk

    Nselwonk Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    That's not an accurate description, there are many other financial items involved.
     
  9. army judge

    army judge Super Moderator

    Messages:
    32,712
    Likes Received:
    4,910
    Trophy Points:
    113

    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!
     
  10. Nselwonk

    Nselwonk Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Yes, I know. I'm working on it.
     
  11. justblue

    justblue Well-Known Member

    Messages:
    1,586
    Likes Received:
    665
    Trophy Points:
    113

    Do you have an attorney?
     
  12. Zigner

    Zigner Well-Known Member

    Messages:
    2,476
    Likes Received:
    1,236
    Trophy Points:
    113

    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.
     
    justblue likes this.
  13. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,948
    Likes Received:
    950
    Trophy Points:
    113

    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.
     
    justblue likes this.
  14. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,194
    Likes Received:
    2,177
    Trophy Points:
    113

    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.
     

Share This Page