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Signing a Contract With Your Spouse During a Divorce

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  • 10-04-2018, 10:02 AM
    DapGuyV2
    Signing a Contract With Your Spouse During a Divorce
    I have a friend who is in the process of getting divorced. Her Husband is trying to get her to sign a document related to the purchase of a property. He tells her that it is a document related to changing the property into his name, but it appears that he is trying to get her to co-sign a loan making her jointly responsible for the life of the contract. Please give me your opinion on whether or not she should sign the document and if it seems that she would be liable. Thank you in advance.

    -------------Document text----------------

    SALE OF REAL ESTATE NOMINATION FORM
    Relating to a Contract between:
    VENDOR: BATTEN ROAD Pw LTD (ACN {26 747 993}
    PURCHASER: Husband and Wife...
    PROPERTY: Location....
    NOMINEE: Husband...

    As the property is expressed as sold to the Purchaser "and/or Nominees" (or words to that effect) then pursuant to the conditions of the contract the Purchaser nominate the Nominees as substituted purchaser to take a transfer or conveyance in lieu of the Purchaser.

    The Purchaser and the Nominees acknowledge that they will henceforth be jointly and severally liable for the due performance of all the obligetions of the Purchaser under the Contract and payment of any expenses resulting frorn this nomination (including any Stamp Duty).

    Take care!
  • 10-04-2018, 10:05 AM
    pg1067
    Re: My Friend Might Be Getting Screwed
    Your post suggests to me that you're in England and not in the U.S. This site deals only with issues of U.S. law.

    That being said soliciting opinions from anonymous strangers on the internet about whether your friend should or shouldn't sign a document that none of us have read or have the ability to read is foolish. Your friend needs advice from an attorney.
  • 10-04-2018, 01:28 PM
    adjusterjack
    Re: My Friend Might Be Getting Screwed
    Quote:

    Quoting DapGuyV2
    View Post
    Please give me your opinion on whether or not she should sign the document

    She's going through a divorce. Her husband is her enemy. Of course she shouldn't sign it. Tell her to get an attorney.
  • 10-07-2018, 02:24 AM
    DapGuyV2
    Re: My Friend Might Be Getting Screwed
    Extremely helpful, thank you so much!
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