Sometimes a person can gain full ownership rights to a home from a Separation Agreement or a Divorce proceeding. But what if the Deed to that home still shows both names of the divorced couple on it, and the newly single owner wishes to sell it? [ Read More… → ]

On occasion in a pro se Divorce or Separation, one spouse will quitclaim their house to the other spouse as part of the agreement. But many times in this situation, the couple does not adjust the mortgage contract for the property, as doing so can sometimes invalidate the mortgage and/or require a balloon payment on the balance. [ Read More… → ]

The laws of most states follow that only those who sign a mortgage note are obligated to make payments on it.

But this is not to suggest that the court might not apply different or varying obligations on the parties should a divorce action be filed — especially if there is a disagreement between the parties on the subject. [ Read More… → ]

No, you cannot restore the legal use of your maiden name through a Separation Agreement, which is merely a contract between two persons.

To change your name in a legal sense, you must petition the court. [ Read More… → ]

Ownership of real estate is evidenced by a deed.  If two people are listed on the deed as joint owners, each owns an undivided one-half interest in the whole of the property.

Mortgages, on the other hand, are encumbrances placed upon real property by a lender to secure payment of a loan.  A mortgage signed by one person to purchase real property encumbers that person’s one-half interest in the real property. [ Read More… → ]

A Separation Agreement is a contract, and if the Agreement was valid and binding when signed, it will be valid and enforceable at a later date.

However, if you are looking to use an older Separation Agreement as part of a Divorce filing now, the document must fully and accurately reflect the financial condition of the parties today.  [ Read More… → ]

“Legally separated” can be a misnomer; in many cases, a legal separation and a divorce are the same process. Many people mistakenly call a signed Separation Agreement a “legal separation”, which is not entirely accurate.

If you and your spouse can agree to all of the terms of a Divorce and have no children from the marriage, the Separation Agreement and Divorce filing can be created simply and inexpensively using Standard Legal’s No-Fault Divorce legal forms software. But this option from Standard Legal is only for couples without minor-age children. [ Read More… → ]