CATEGORY: Marital Separation Agreement Questions

Answers to Frequently Asked Marital Separation Agreement Questions

How Can I Get My Soon to Be Ex-Husband to Remove His Personal Property from Our House?

The signed Separation Agreement should address specifically the disposition of any personal property from a marital home.

But if a spouse is not willingly removing personal belongings from the marital home after repeated requests to do so, short-term there may be little a divorcing spouse can do to compel the action.  Continue reading How Can I Get My Soon to Be Ex-Husband to Remove His Personal Property from Our House?

Is a Handwritten Marital Separation Agreement Valid if Signed by Both Spouses?

While the fact that a legal document is handwritten has no bearing on its validity, it would be impossible to know if your own handwritten agreement is legal and valid without reviewing the LANGUAGE used within. Continue reading Is a Handwritten Marital Separation Agreement Valid if Signed by Both Spouses?

Does a Spouse Give Up Rights to Personal Property if He or She Moves Out?

A person does not give up his or her property rights because of a move to a new location. So in most instances, a spouse would not lose ownership claim to items like furniture, clothing, jewelry, electronics, etc. simply for moving out of the residence. Continue reading Does a Spouse Give Up Rights to Personal Property if He or She Moves Out?

Can a Divorced Person Sell a Home if the Ex-Spouse’s Name is Still On the Deed?

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? Continue reading Can a Divorced Person Sell a Home if the Ex-Spouse’s Name is Still On the Deed?

How Do I Remove Myself from an Ex-Spouse’s Mortgage Contract?

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. Continue reading How Do I Remove Myself from an Ex-Spouse’s Mortgage Contract?

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

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

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