Ask Me Help Desk - My signature is forged on a notarized document

Quote:

Originally Posted by kymbattack

This divorce decree was signed in 2004. I was abused by my (ex) and had to sign in order for him to stop harassing me and just leave me alone. He had me committed prior to this for a so-called "attempt of suicide." While committed (incarcerated) he wiped out all bank accounts to the business.

Quote:

Originally Posted by kymbattack

... I signed (according to the notary) three originals. I signed page 16, the notary signed page 17. The original copy I received, has my signature also on page 17. The other copies have a different signature on that same page. I believe I may have signed it after the fact when my ex took me to court for child support. Again, I was in a state of distress, but I do remember signing "something" in the months after at that court date which was Off the record because his lawyer filed incorrectly. I thought I was signing something to the extent of agreeing off the record to report my earnings when I got a job.

Ok. It's clear, from what you have said, that you signed at least one version of the agreement. Whether there are other copies of the same agreement that you maybe signed, maybe didn't sign, is beside the point. You signed the agreement, so quibbling about possibly "forged" signatures isn't going to get you anywhere, in my opinion.

What might be a viable means to set the agreement aside is the fact that you were, when you signed it, in an institution for mental issues. It's possible that a court would hold that you were mentally incompetent when you signed it and therefore didn't have the legal capacity to agree. That's what I would focus on.

Quote:

Originally Posted by AK lawyer

Ok. It's clear, from what you have said, that you signed at least one version of the agreement. Whether there are other copies of the same agreement that you maybe signed, maybe didn't sign, is beside the point. You signed the agreement, so quibbling about possibly "forged" signatures isn't going to get you anywhere, in my opinion.

What might be a viable means to set the agreement aside is the fact that you were, when you signed it, in an institution for mental issues. It's possible that a court would hold that you were mentally incompetent when you signed it and therefore didn't have the legal capacity to agree. That's what I would focus on.

Thank you, I agree. I am only concerned that my name is still active and a part of the property/business. Whether I act on that or not I'm not sure. My ex has his second dui, the LCB may step in. If they do, I suppose it will be then that all of this is brought forward. Thank you for your help, opinion, and advice.

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Originally Posted by JudyKayTee

You said you have a divorcement agreement. I've never heard that term. Separation agreement, divorce decree, property settlement agreement. Those are all familiar terms to me.

The agreement must be executed and filed in order to take effect. There is often additional paperwork required - for example, the divorce decree grants "me" title to a marital home. A new Deed has to be executed and filed.

Specifically - I WAS awarded the marital home. My "ex" refused to sign a new Deed. The house remained in both names. There was no "mortgage" problem - he simply refused to sign. Therefore, the property remained joint until I made a Motion and a Judge held him in contempt. Then he signed and the new Deed was filed.

The Judgment of Divorce alone was NOT sufficient to convey the property.

There has to be backup paperwork and there probably should have been backup filings.

It is almost impossible to know when you are not certain what you signed.

I apologize for the "divorcement" my fingers type faster than I realize. The separation/property settlement says that I deed the business and property to my ex and all documents will be executed at the signing of said separation/property settlement agreement. I sold the house, with the proper settlement and transfer papers. He was there, he also signed. Anything to do with the business property and property is still in tact. I never signed anything and he told me that the separation/property settlement took care of that. I am an intelligent human being who was abused at the time. Another questions is can he sell the establishment, business, or liquor license without my signature? Should I sit tight and wait for "something" to happen? I don't have money to pursue this and he is in so much debt that if he had to buy me out, he'd file for bankruptcy first.