Cohab Agreement & Arbitration
September 30, 2018 at 3:25 pm
The TL:DR version:
Can I be forced to go into arbitration? As in, can a clause be put into a cohabitational agreement that requires us to go through arbitration first in the event of divorce? My soon-to-be ex is claiming that going straight to court will void the cohab agreement.
Full Story: When we first met I had a good job, investments and owned my home outright. He had a new business that was doing fairly well, his previous divorce was behind him and he had some money set aside for his children’s education. We thought it would be a great idea to have a cohab agreement made up before he moved into my house and then had it reevaluated prior to getting married. He loved it because he came out slightly ahead. He was entitled to a portion of the increased value of my home. That portion is to be determined by how much he paid into the home while we were together. Of course he’s claiming a bigger portion than my documents show.
After finding out he wasn’t the upstanding man he led me to believe, we separated over 2 years ago. On top of his infidelities, he claims to have used a fair chunk of the education fund to save his floundering business. For the past 20 months he has played every angle he could to get out of moving this divorce and settlement forward. I’ve finally had enough and my lawyer gave my ex a deadline to comply or we’ll see him court. My ex texted me late last night to complain about my jerk of a lawyer and added that his new lawyer says there is a clause (that I can’t find) in the cohab that requires us to go to arbitration first or the cohab is trash. My ex is either playing on my fear of going to court or trying to get more information on what my lawyer plans to do.
I thought arbitration was something we both had to agree on once we entered into divorce. It is not something that cannot be put into an agreement years prior to divorce.
Thanks for any and all advice.
Reply
1) Can you be forced into arbitration? Possibility. Read further.
2) You can put whatever you want into an agreement as long as it is not illegal.
<span style=”font-family: ‘Century Gothic’, Arial, sans-serif; font-size: 14px;”>3) “My ex is either playing on my fear of going to court or trying to get more information on what my lawyer plans to do.”
</span>Why do you fear going into court?
4) “<span style=”font-family: Century Gothic, Arial, sans-serif;”><span style=”font-size: 14px;”>As in, can a clause be put into a cohabitational agreement that requires us to go through arbitration first in the event of divorce? My soon-to-be ex is claiming that going straight to court will void the cohab agreement.”</span></span>
<span style=”font-family: Century Gothic, Arial, sans-serif;”><span style=”font-size: 14px;”>Do you have a copy or the original of the agreement? </span></span>
<span style=”font-family: Century Gothic, Arial, sans-serif;”><span style=”font-size: 14px;”>If the clause was added to the cohabitation agreement and you both signed it, it is a legal binding contract. If he added it later without your knowledge, then you are not bound by it.
5) Why do you keep conversing with this dimwit? Tell you attorney to give a deadline to him and if he doesn’t agree, proceed with the divorce and the discovery process.
It sounds like your ex is making things up as he goes along. Don’t put up with it. You appear to have been in control of your life before you married him; you need to get that back and part of this will be accomplished by setting boundaries.
i.e.
He calls and tells you, “</span></span><span style=”font-family: ‘Century Gothic’, Arial, sans-serif; font-size: 14px;”> Going straight to court will void the cohab agreement.”
You, “This will all get straightened out in court. See you there! :)”
And you keep repeating. He will keep making things up. There is no benefit in talking with him about something that may or may not be true. If he shows you the contract, then you have something you can discuss.
</span><span style=”font-family: Century Gothic, Arial, sans-serif;”><span style=”font-size: 14px;”>I wish you luck…
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