Lack of recitation of consideration - was this properly executed prior to the marriage?
 
Sincerely,

Anne Loomis, Attorney at Law
Allen, Vernon & Hoskins, P.L.C.
1175 8th Avenue, P.O. Box 488
Marion, Iowa 52302
319-377-9405; fax 319-377-8147
AHosk1207@aol.com

This E-mail (including attachments) is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. This electronic transmission (and any enclosures or attachments thereto) is for the sole use of those identified by the author and is the property of the author. It is confidential and may be protected by the attorney/client privilege. Any further distribution or copying of this message is strictly prohibited by law. If you received this transmission in error, please notify Allen, Vernon & Hoskins, P.L.C. at (319) 377-9405 and destroy the message (and all attachments and enclosures thereto) immediately.
 
In a message dated 11/19/2009 11:17:41 A.M. Central Standard Time, craig.hastings@amesattorneys.com writes:


Examining an abstract last night I came across the two entries shown on the attached pdf file.

Thought you listmates would find these two documents as fascinating as I did.

The questions leap to mind:

1. Is the Private Treaty essentially a prenup?
2. Can one bypass the dissolution laws via a Private Treaty?
3. Is the one year waiting period enforceable?
4. Do we recognize the Statement of Dissolution of Marriage as if it were a valid dissolution decree?
5. If they own the real estate as joint tenants does the Statement of Dissolution of Marriage sever it?
6. If the Statement of Dissolution of Marriage includes an "orderly division of commonly acquired property" can it also contain a requirement one party pay the other some sum? Would this create a judgment lien?
7. Should we let our brethren and sistren in the family law bar know that they won't be needed anymore?


Craig R. Hastings
Hastings & Gartin LLP
409 Duff
Ames, IA  50010

515-232-2501


=