My husband and I have been living in separate residences for over 3 years. He refuses to sign a Separation Agreement and refuses to initiate divorce proceedings. If, through a mediator, he were to agree to any proposed sale (of house) and/or transfer of assets (motor vehicles), are we legally able to do this pre-divorce?
Yes, you can sign real property deeds and car titles prior to an absolute divorce being entered. It would be best to do this once you have a binding agreement. If mediation is successful, most mediators will ensure that the agreement is binding on both parties.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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