What I am unhappy about in this agreement is he wants me to pay 1/2 of the mortgage from June06 untill the house is sold.
And that's what the court will most likely also order.
In May 23 06 we had an agruement and he threaten me the night before because he was served with divorce papers so I went to my mothers house with my 2yr old to spend the night I was 6 months pregnant at time.The next day he placed a restraining order on me so I couldn't return to our home even though I was pregnant.
Completely irrelevant to the property issue.
The next thing was that I should pay half of all his credit card debts even though I was not allowed to use any of his credit cards.
It's marital debt and most likely will also be ordered by the court.
The other is we bought 4 pieces of land two he sold during the marriage without my knowledge and one he transfered into his sister name after the divorce papers were served, he only claims 1 piece that he wants to split 50/50. First of all we took out the equity out of our house to aquire these lands.
The pieces he sold are most likely marital property and either spouse could have sold them. The piece he 'gave' to his sister after the divorce papers were served is most likely going to be interpreted by the court as a fraudulent transfer and he will be held to the value of the land in the property settlement.
The last piece of land is marital property with each party owning 50%.
now for the good news. A marital property settlement (which you are speaking about) is nothing more than a contract. It is adjudicated as any other contract/agreement between two parties of sufficent means to enter into a legally valid contract. So, unless there was fraud or duress, you are out of luck.
HOWEVER, he made one major mistake which your attorney should have caught. So, on these grounds, I'd fire the idiot and find another.
That issue is the fraudulent transfer. If BOTH parcels of land had been added to the property settlement you could have split their combined value or each party taking one parcel. As it is, the first parcel is not available for distribution and he is asking for 50% of the remaining parcel.
For example, say each parcel was worth $50,000. That would be a total of $100,000 for the parties to split or $50,000 each. By transferring the property fraudulently, he receives $75,000 and yo0u $25,000. That's called unfair distribution and not allowed by the court.
SO, your strategy is to not complain about the contract. In fact, you should not even tip your hand and accept the contract as it stands. THEN file a complaint for fraudulent transfer seeking legal fees, court costs and puntative damages. The amount you are asking for is your 1/2 of the propery which was transferred PLUS $50,000.
And serve his ass during the final dissolution conference
