Is this legally binding?

Redblue12345

New Member
Jurisdiction
Wisconsin
Hello. I broke up with my partner of 17 years in 2020. I just wanted out of the relationship so we agreed that she would keep the paid off condo (no mortgage payment) and we divided up money. She is on a fixed income so by giving her the condo, all she would have to pay is the condo dues and property taxes. We were not married nor did we have a domestic partnership agreement.

In the midst of trying to move out, I was very upset and she wanted me to sign a handwritten piece of paper stating that I would pay her 350.00 per month after I move because she is on a fixed income. I signed it because I just wanted out. The paper was not notarized.

She recently contacted a friend of mine stating that she wants these payments from me. My ex told my friend to tell me that she talked to a lawyer and the lawyer said this paper is legally binding and I can be taken to court even though it's not notarized and we were never married. Plus I gave the condo to her and we settled financially separately from that piece of paper I signed.

Does anyone have any knowledge of this? Would I be liable to pay her monthly?
 
Not having seen it, I can't say if it's legally binding or not. But this I can tell you. It is not a notary's stamp and seal that makes a document enforceable. A notary's stamp and seal confirms that the signatories have been confirmed to be the people they claim to be. If the document is enforceable on its own, it's enforceable whether it's notarized or not. And if it's not enforceable on its own, a notary's stamp and seal does not make it so.

Signed, a former notary.
 
Did this document specify a term for which you would make payments?

Odds are you can ignore this. On this fixed income she wouldn't get far trying to pursue you.
Unless you are served documents to appear in court doubt worry about it.
She doesn't exist in your world. Move on.
 
Did this document specify a term for which you would make payments?

Odds are you can ignore this. On this fixed income she wouldn't get far trying to pursue you.
Unless you are served documents to appear in court doubt worry about it.
She doesn't exist in your world. Move on.
It didn't specify an amount of time or term that payments would be made. Does that make a difference?
 
Not having seen it, I can't say if it's legally binding or not. But this I can tell you. It is not a notary's stamp and seal that makes a document enforceable. A notary's stamp and seal confirms that the signatories have been confirmed to be the people they claim to be. If the document is enforceable on its own, it's enforceable whether it's notarized or not. And if it's not enforceable on its own, a notary's stamp and seal does not make it so.

Signed, a former notary.
 

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Speak to a local attorney for confirmation.

Having said that - the document doesn't appear to me to be legally binding.
 


You were bamboozled, mate.


Alimony is normally paid to a FORMER SPOUSE AFTER a marriage is dissolved.

Sometimes, in some jurisdictions, PALIMONY might be awarded to a FORMER domestic partner, aka, live in lover!

Alimony (called spousal maintenance in Wisconsin) is a payment that one spouse provides to the other after a divorce. The purpose of spousal maintenance is to ensure that both spouses can maintain their marital standard of living after a divorce. It's not unusual for one spouse to forego working throughout the marriage to raise a family or contribute to the other's career, but in those cases, a divorce can equal financial devastation to a non-working spouse.

Types of Spousal Maintenance in Wisconsin
Judges in Wisconsin may award limited-term or indefinite spousal maintenance. Limited-term support (sometimes called rehabilitative support) is meant for cases where one spouse can potentially be self-supporting after the divorce but needs time and financial support to gain the education or skills necessary to find a job that will provide financial independence. Limited-term support is common in cases where one spouse left a job to raise the couple's children and, after the divorce, now needs support and time to become marketable in the workforce.

Judges will include an end date for maintenance in the final support order. If the recipient remains financially dependent at the deadline, the court may review the order to evaluate whether an extension is appropriate.

Indefinite spousal maintenance is most common in long-term marriages where one spouse's absence from the job market or advanced age makes it difficult or impossible to find employment. The purpose of indefinite support is to ensure that the needy spouse can remain financially stable, despite age, absence from the job market, or health issues preventing full-time employment.

Spousal maintenance awards don't become effective until a judge finalizes the divorce and issues a support order. However, if you're going through the legal process and need help making ends meet, you can ask the judge to award temporary support. Temporary maintenance ends when the judge finalizes the divorce.

Whether support is limited or indefinite, it will terminate if either spouse dies or if the recipient of maintenance remarries. (Wis. Stat. § 767.59.)

It might behoove you to discuss your legal options with a couple, WI family law attorneys.
 
I can't say whether it is or isn't binding, only that it could be binding as part of a settlement of the division of assets between cohabiting parties.

In Watts v. Watts (1987) the Wisconsin Supreme Court ruled that cohabiting parties could have legal claim arising out of breach of an express contract, breach of an implied in fact contract, unjust enrichment and partition that could be used to divide real estate, financial assets, and personal property accumulated during the relationship.

Watts v. Watts, 405 NW 2d 305 - Wis: Supreme Court 1987 - Google Scholar

The parties went back to lower court to iron out the details and appealed that decision as well.

Watts (Bischoff) v. Watts, 448 NW 2d 292 - Wis: Court of Appeals 1989 - Google Scholar

This court also remanded part of the case back to the lower court.

My takeaway on all that is that a court might find (or might not find) that the two of you had sufficient reason to make that agreement for which you paid a year's worth ($4200) in advance.

You are, obviously, free to ignore her demand and see what happens.
 
In the midst of trying to move out, I was very upset and she wanted me to sign a handwritten piece of paper stating that I would pay her 350.00 per month after I move because she is on a fixed income. I signed it because I just wanted out. The paper was not notarized.

The lack of notarization is meaningless.

My ex told my friend to tell me that she talked to a lawyer and the lawyer said this paper is legally binding and I can be taken to court even though it's not notarized and we were never married.

Well...just because your friend told you that your ex-GF said that her lawyer told her XYZ doesn't mean it's true. That said, you absolutely "can be taken to court." Anyone can sue anyone for anything. The likelihood of prevailing is, of course, a different story. And, again, the lack of notarization is meaningless (and I'm curious why you seem to be focused on it).

Would I be liable to pay her monthly?

It was unwise (that's the nicest word I can bring myself to use) for you to sign that document, but there's no such thing as alimony between unmarried persons, and the document you included in post #8 in this thread is not a contract. It's nothing but a promise that is not supported by consideration and, as such, unenforceable.

Have your situation reviewed by your own attorney.

I wouldn't bother with that until and unless your ex-GF sues or you are contacted by an attorney representing her.
 
Hello. I broke up with my partner of 17 years in 2020. I just wanted out of the relationship so we agreed that she would keep the paid off condo (no mortgage payment) and we divided up money. She is on a fixed income so by giving her the condo, all she would have to pay is the condo dues and property taxes. We were not married nor did we have a domestic partnership agreement.

In the midst of trying to move out, I was very upset and she wanted me to sign a handwritten piece of paper stating that I would pay her 350.00 per month after I move because she is on a fixed income. I signed it because I just wanted out. The paper was not notarized.

She recently contacted a friend of mine stating that she wants these payments from me. My ex told my friend to tell me that she talked to a lawyer and the lawyer said this paper is legally binding and I can be taken to court even though it's not notarized and we were never married. Plus I gave the condo to her and we settled financially separately from that piece of paper I signed.

Does anyone have any knowledge of this? Would I be liable to pay her monthly?

This is why you never sign anything...but sure she could take you to small claims court. There's a low burden of proof there and no attorneys are utilized. Will she win? No one knows.

You should probably find an attorney in your area - ones that offer free consultations - on advice. Unless you get some kind of notification that she has filed something, I wouldn't worry. Especially hearing through a third party.
 
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