Is a handwritten document signed by my husband stating what I will get in case of a divorce after 17 years of marriage legal?

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Is a handwritten document signed by my husband stating what I will get in case of a divorce after 17 years of marriage legal?

Asked on January 12, 2013 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I don't really know why the previous answer discussed will requirements--because I think you are talking about marital agreements.  In short, no.  That letter from 17 years ago probably isn't going to be legally binding in a divorce proceeding.  Now--depending on what is says, it may have changed the nature of specific property, but you need to take that document to a local family law attorney and have them read it.

 

Best of luck to you.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless the document that you have written about constitutes a valid binding Will under the laws of your state dated and signed by your former spouse then such does not constitute a valid Will. Note, assuming such is a Will such can be changed at any point in time by your "ex". I suggest that you consult with a Wills and trust attorney to review the document.


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