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Marital Separation Agreement Questions

If a Divorcing Couple Bought a House but Only One Spouse Signed, Must Both Pay the Mortgage?

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… → ]

Tags: Divorce Questions · Marital Separation Agreement Questions  ·  October 27th, 2009

May I Restore My Maiden Name Using a Separation Agreement?

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… → ]

Tags: Marital Separation Agreement Questions  ·  September 28th, 2009

If a Deed Names Two Persons but Only One is Named on the Mortgage, How is the Property Treated in Separation?

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… → ]

Tags: Divorce Questions · Marital Separation Agreement Questions  ·  July 16th, 2009

Can We Use a Separation Agreement Created Years Ago to File for Divorce Now?

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… → ]

Tags: Divorce Questions · Marital Separation Agreement Questions  ·  May 7th, 2009

If My Spouse and I are Legally Separated and Ready for Divorce, What is the Next Step?

“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… → ]

Tags: Divorce Questions · Marital Separation Agreement Questions  ·  March 30th, 2009