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=========================================================== I was coerced into signing something right before we walked down the isle. The document was not notarized or witnessed by anyone. We had both been drinking that night and my better judgement was GONE. Could this document hold up in court? =========================================================== Does he presently have the original? If not, did he have it in his custody for any length of time? Even if you now have it, he could have secretly had a copy made and notarized as a correct copy of the original and then sent it to his attorney for safekeeping. I wouldn't deny the document and would even admit to it if asked, before it is produced. Of course, your memory could start to fail at that point, as to its exact contents. There is plenty of case law holding that for a prenup to be valid you must have been represented in its drafting by an attorney of your own choice. I wonder...did he file a personal tax return while you were married, and did you file jointly? If so, how much net income was there after adjustments and deductions? This should be community property. If not, then he may have filed it jointly and forged your signature (easy to do) in order to get a lower rate. I would look into this. Another thing is the money used to buy the house. In Texas, at least. the proceeds of a loan are community property unless one spouse will waive, in writing, the rights to her one-half of the loan. Some men have gotten their wives to do so and thereby converted community property into their seperate property. They use the ploy of "not wanting to saddle her with the debt and duty to pay it back", which is pretty persuasive when she doesn't need the loan, herself, anyway. |