My husband and are going to file for Legal Separation Agreement.
We agreed he will stay in the house we used to live together, but I will move to a smaller house he is going to buy in my name. This is our final financial settlement. We do not want to change this when filing for divorce after our separation.
I was wondering if the house I will be moving to will be legally mine or my husband can claim it also belongs to him since he bought it for me while we were legally separated but still married.
Thank you very much.
2007-02-01 09:11:01 · 9 answers · asked by Helena V 1 in Family & Relationships ➔ Marriage & Divorce
Have the house deeded in your name only. I assume you're in a community property state. If so, do not buy the house until legally separated. In the agreement, spell out that the house is your sole property and not subject to community property consideration. Above all, get an attorney.
2007-02-01 09:16:04 · answer #1 · answered by SA Writer 6 · 0⤊ 0⤋
I assume you got the agreement from a lawyer, you probably do not have to have him sign it, if it required to be legally separated where you live, you should be able to get a judge to recognize the order or be able to simply post it on the court house wall etc, I would also get a restraining order at the same time to show your sincerity and keep him out of the house. Go ahead and get a custody order and temp support order as well (if you have kids). If you don't have or can't afford and attorney, the court will likely have the forms and you will only need to fill them out and set an appearance date....
2016-05-24 03:01:16 · answer #2 · answered by ? 4 · 0⤊ 0⤋
In England and Wales a separation agreement isn't legally binding, but it can be taken into consideration when considering ancilliary relief (division of assets) on divorce.
Why are you not getting divorced? Is this going to be a temporary separation? If not get divorced now - oh and get a lawyer to help you. You can get divorced on the grounds of unreasonable behavious which has made it intolerable for you to live together. There's no point in waiting if you think the marriage is over.
Good luck
2007-02-05 05:23:02 · answer #3 · answered by Colin S 2 · 0⤊ 0⤋
Did you two purchase the current house while you were married? If so, I would recommend that you not do this. It would make more sense to get divorced, get your 1/2 of the equity in the current home, and then purchase the new home on your own? It will just make things less complicated.
2007-02-01 09:27:03 · answer #4 · answered by ? 5 · 0⤊ 0⤋
Talk to a lawyer in your state. Laws in each state differ in both real estate and divorce. The time and money you spend for a consultation will more than pay off when you know the correct answer.
2007-02-01 09:19:52 · answer #5 · answered by GPF 1 · 0⤊ 0⤋
Don't trust him because in the end it's always the woman who gets f u c k e d .Maybe for now he is being fair but wait until the other female gets a holed of him .Watch how much he changes on you.Please for your own piece of mind get your sole name put on everything.
2007-02-01 14:37:24 · answer #6 · answered by Teenie 7 · 0⤊ 0⤋
there is nothing he can do if his name is not on the deeds ... but if he starts playing games like claiming half of your assets the house may have to be sold but that works for both houses unless you have children under 18 then its a different story
2007-02-01 09:17:32 · answer #7 · answered by dalylorraine 3 · 0⤊ 0⤋
Have the deeds put in your name, and ps don't move anywhere till you have the new house signed over to you.
2007-02-01 09:20:06 · answer #8 · answered by hatfieldnomi 2 · 0⤊ 0⤋