I don’t see how a separation agreement would be big money. I had mine written up for less than $300.00. If the house is the only contention, then that makes for a very simple agreement. If the mortgage is in HIS name and the deed is in BOTH names, then who is making payments? If he agrees to you buying the house, then that SEEMS to be a good deal for him. Seems to be an easy ED settlement.
How did you get a sep agreement for less than $300? Atty i talked to said $750…doesn’t include divorce, just agreement. I’ve been the ONLY making payments since before we separated! Unless he got rich this year he would want me to take it off his hands. I need to do some atty shopping I guess!
Be careful there with the house. Do you claim the interest on your tax return? Your husband is benefitting from you making payments. It makes his credit look great that way. PLUS he benefits from using that house as collateral or a basis for loans and such. I would try very hard to get him to allow you to refinance in your name or buy him out.
About the lawyer. I would look around…in your case your agreement is simple (according to your post). Ask that the house (ED) be part of the agreement. Unless the ex puts up a fuss, it shouldn’t be a big deal. I have found that there are lawyers of all scales, and I do recommend you get a smart one. There are all ranges of fees. Mine just happened to be $300.00 for a simple agreement that we both agreed on.
Dear grooving2music:
Greetings. NO - you cannot just write a letter. If you get divorced, that PERMANENTLY CUTS OFF your rights to equitable distribution.
Scenario - you write your letter, he agrees by letter to sell you the house, you file for divorce, divorce granted - HE DOES NOT HAVE TO FOLLOW LETTER!!! Only a separation agreement is enforceable. Pay the money and get it done right. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I had a basic consultation w/ an atty. I’ve been sep a year today (yeah) but I need the $ to file the divorce, so waiting. I also want to buy the house (mortgage his name, deed both names, etc) IF the bank will value the house at what is due. Atty wants me to get a sep agreement (big$$) saying I buy the house, then see if ex agrees. Can’t I or the atty just write him a letter and ASK him? As far as I know nothing else is under contention (and if it is I’m sure he couldn’t afford an atty to file it). Mind you I don’t know where he IS, but I could write him care of his dad. Wouldn’t this be a viable alternative to the big $$ sep agreement since the house is the ONLY thing to remedy?