When negotiating your contract, you should be guided by how a court is likely to standardize your property, assign custody and custody, and deal with other matters. 2006-Plunkett v. Plunkett, 271 Va. 162 Where husband and wife were executing a marriage contract and mutual will, the court was mistaken in examining extrinsic evidence related to the agreement and showing constructive confidence. The terms of the agreement and the will it contains were not ambiguous. The spouses intended to leave their property first to the surviving spouse and then to the husband`s children. 1999-White v. White, 257 Va. 139Trial Court erred in the interpretation of the spouse`s agreement to pay the mortgage on the marital residence in 120 equal payments to the bank as a obligation to pay spousal assistance after the mortgage debt was honored. The husband stopped paying monthly mortgage payments when the wife sold the house and used the proceeds to satisfy the remaining mortgage debts. Despite the language in the final divorce settlement, the agreement registered as “a convention … with respect to support and assistance,” the agreement contained no provision for the husband to make payments to the wife and did not confirm the intention of the parties that the undertaking would survive the satisfaction of the mortgage debt, regardless of how the debt was extinguished. Q.
What is a marriage separation and real estate counting contract? A marriage separation contract, also known as a real estate transaction contract, is a written contract that separates your property, shares your rights and solves problems such as support and custody. A separation agreement can be reached before or after the divorce, even if you and your spouse are still in a relationship. A separation agreement is a legal document that binds you together for many years and determines your rights, obligations and responsibilities from your marriage. You and your spouse can amend the agreement if you agree to both changes; it may be amended by a court order, unless the agreement explicitly states that the agreement is not subject to judicial amendment.