If my husband and I are divorcing and had community property papers signed, notarized, filed and recorded, can he just have them overturned?

He freely signed the community property papers, did not contest anything. Now he says he regrets giving me what he did and is taking me to court to get what’s his. Now 5 months later he wants them changed. Can he just have the papers overturned or thrown out?

Asked on May 30, 2012 under Family Law, Louisiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

He cannot simply have the papers overturned; however, the court will have to review his filing and see if he has extinguished his rights based on filing the proper documentation. If you have already obtained a divorce, it would be much more difficult to reverse anything. If you are still in the process of divorce and the court is still reviewing this joint agreement, it may very well allow him to change his mind because a final order has not been issued.


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