My husband and I are in the process of separating. I will meet with a lawyer next week to draw up the separation agreement. My husband does not have a lawyer. Is it possible for us to put our house up for sale but continue to both live in it until it sells after we sign the separation agreement? It would be very hard financially for us to continue to make the house payment and one of us to also pay rent.
In order for a Separation Agreement to be valid, it should be signed near the time of separation. While there is no statutory time limit on how long a period of cohabitation is necessary to void an agreement, my opinion is that it should be no more than 10 days.
Could we put the house up for sale, have the separation papers drawn up, but not sign them until after the house sells? There is no way we can afford to live apart.
Yes you may, I have had many folks do that.