Full question:
How can I get the court to set aside a document my previous atty had me sign? It was signed under duress and he did not state my interest in the marital home that my soon to be ex put in his father's name and then had his father put it in Trust so I couldn't get it? Divorce is not final and the court has a hearing scheduled for Mar 22nd to discharge the atty. I am in the process of a nasty divorce. My son is disabled and my father-in-law is evicting us on Mar 31st. I have been unable to find a place to move to that is accessible. How can I stay in our home? My father-in-law purchased the home with his VA Loan. He never lived here which was a requirement to purchase the home with his VA benefits. I made the payments with my income because my husband would not work steadily. My husband told me and my son's nurse that he and his father put the house in trust so that if we ever got a divorce I couldn't get it! What can I do? The attorney who represented me would not state to the court my interest in the house. He had me sign a document saying I would move by Apr 1st. Please help me!
- Category: Contracts
- Subcategory: Recission
- Date:
- State: Ohio
Answer:
You can file a motion to have the court rescind the agreement you signed. Courts allow rescission for several reasons, including fraud, incapacity, duress, undue influence, material breach, or mistake. If you signed the document under duress, meaning your free will was compromised, the court may set it aside. Duress can involve threats of physical harm or financial loss.
Additionally, you may argue that a mistake occurred. Mistakes can be unilateral (only one party is mistaken) or mutual (both parties share the same incorrect belief). Courts typically find mutual mistakes more likely to void a contract. If only one party is mistaken, the contract remains valid unless the other party knew or should have known about the mistake.
If you signed under duress, you may have grounds to declare the agreement null and void. It’s crucial to present evidence of the duress and the circumstances surrounding the signing of the document.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.