Can I change my house settlement agreement after my divorce?

Full question:

My husband of 43 years divorced me to be with another woman. There were no minor children involved and we have an agreement that our house will go up for sale in June 2011. I am making plans to buy his half out but when I made that agreement I was in extreme distress because of the situation. Is there any recourse I can take now either on him or HER to use as leverage to get him to agree on my house settlement amount?

• Category: Divorce
• Subcategory: Property Settlements
• Date: 04/07/2025
• State: California

Answer:

The property agreement in your divorce decree should specify the buyout amount for the house. If this agreement is not being followed, you can file a petition for contempt in the court that issued the order. This could compel your ex-spouse to comply and potentially require them to cover any losses caused by their noncompliance. Courts can enforce their orders by holding the noncompliant party in contempt.

If the buyout agreement was a private arrangement made after the divorce, it may require negotiation. You can request the court to rescind this agreement if it was made under duress, fraud, incapacity, undue influence, material breach, or mistake. A contract made under duress may be set aside if it deprived you of your free will, meaning you entered into the agreement to avoid a threat of harm, whether physical or financial.

In cases of mistake, courts differentiate between unilateral mistakes (one party is mistaken) and mutual mistakes (both parties share the same incorrect belief). Generally, mutual mistakes are more likely to render a contract voidable. If only one party is mistaken, the contract remains valid unless the other party knew or should have known about the mistake.

For contracts made under duress, if there is a threat of violence or harm, the agreement may be declared null and void.