Contract and Property Disputes

Contract Disputes

If you and your spouse reach agreement on the final division of your assets and liabilities and memorialize it into a Property Settlement Agreement or other similarly named document, you have likely included wording that the agreement constitutes the complete agreement of the parties. This is wording you want, as you do not want an open door for future disputes. However, it is possible that unforeseen events can impact on your agreement, and a dispute arises. The question then is, does the agreement reached provide for the unforeseen event, or does it not?

A common example is a "latent ambiguity". At the time the agreement was written, there was full understanding of what was being agreed to, but for unforeseen reasons, a term in the agreement, when applied to outside forces, now means two things. How do we decide? As always, if the parties agree, great; if not, the court, or alternate dispute resolution processes with the aid of counsel, may be a resource to utilize.

Modifications After Property Decisions Are Made

While a final decree of divorce is exactly that, situations may arise that require the court to revisit a final decree. Examples include if a party found that the other hid assets or otherwise lied to the court to gain an advantage, or a party was failing to abide by the court's ruling. In these and other instances, the court will step in to rectify the situation if the parties cannot agree on a resolution.

FAQ

What if, after the contract is signed, there is something I want to change about it?

If it is an executed contract, and the contract is not ambiguous, it is not likely that you will be able to change it without agreement of the other party.

What if we do not agree about what a term in the contract means?

The plain meaning rule applies, but if that does not resolve the dispute among the parties, the court can step in and consider who drafted the contract and how the parties will be impacted by a reading of the contract in one way or another.

How do I recover assets that were hidden?

If need be, you file a suit and ask the court to recognize the actions of the other party, and do equity by providing you with a monetary award and fees for having to come to court as a result of the party's failure to disclose.

What if the other person just refuses to do what the contract or decree requires?

Once the contract is incorporated into a court order, or a court ruling is made in to an order or decree, you can file a Rule to Show Cause and ask the court to enforce the order, as well as order the other person to pay your fees and costs as their actions necessitated the court's involvement.

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Contact or call us at 703.279.5140 to learn more about Contract and Property Disputes.