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Old 03-01-2011, 09:02 AM
Trix Trix is offline
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Default Revisiting Division of Property after Affidavit

Simple isn't always my strong suit but:

I have been separated for over a year, two children, shared/joint custody and, though it doesn't matter, the separation, which was predicated on us just "not getting along", was one I didn't want (though I no longer wish to reconcile and she does).

At the time of separation, in an effort to make sure the house remained affordable for their mother and allow me to buy and maintain my own home we signed an affidavit stating that:

- I would only take 1/4 fo the equity built up in the matrimonial home (half of my half) and give up all claim to the property
- we would not be paying each other any spousal support
- we would not be paying each other any child support
- we would not hold any interest in each others pensions

I also took over the entire car loan (not mentioned in the affidavit).

We had no other debt or holdings. And do not have a formal separation agreement.

Present situation:

- she has mentioned spousal support
- we have discussed child support
- she is thinking of selling the house

As for Child support, despite the fact that I agreed to walk away from the equity in the home because niether of us would be burdened with paying child support, I'm willing to pay the differential (the difference between what we would be paying each other based on The Federal Child support guidelines if either of us had sole custody). Hey, it's for the kids.

My questions relates to the strength of the affidavit:

I had pretty much resigned myself to the idea that our financial issues were settled but, to anyone who has had to revisit a division of property:

1. Seeing as we signed an affidavit to no spousal support, would her asking for it now require a legal challenge to the document?

2. Is it automatically revisited at the time of divorce?

IF it is revisited:

3. If she were to ask for spousal support, (at the time of divorce or otherwise) would the equity in the home and the car debt I burdened become part of the equation?

4. If she sells the home, am I entitled to rest of my equity or is it a done deal?

Hope that's not too confusing.

Many thanks