Tag Archives: AGREEMENT

Can my divorce agreement be modified?

Q: When my agreement was made I was living with my elderly father in his home. He has since passed away. In his will the house was given to my brother, sister and myself. The problem for me now is that I must take a mortgage out to give my siblings their equal 1/3 of what the property is worth. My income after my financial obligations is maxed out and does not leave me the ability to pay on a mortgage. In fact, I do not have the ability to find a place to rent if we sold the house outright. The only reason that I was staying afloat was that I did not have a mortgage or rent payment to pay. Unfortunately, this was not considered when I signed a totally one-sided agreement. (Pittsburgh, PA)

A: No one can answer this without looking at the agreement. If the agreement was incorporated and not merged into the divorce decree and the 30-day appeal period has lapsed, any terms agreed upon including alimony are probably binding. An experienced divorce attorney will know whether there is any chance of modification by looking at it.