I would like to know difinitively if I need a separation agreement before moving out, if my spouse and I are in basic agreement on splitting up. I want to leave with just what I came in with , what money I have saved during the marriage, and a small some of money that was given to us at the time of our wedding. This will be less money than I would probably get if we were to dig into finances, but I just want to end the situation and move on. We do not share any property, and I never was added to the deed for the house my spouse owned before we got married. I also want to be able to purchase my own home, and want to know what paperwork needs to be drawn up in order for my spouse to have no future claim on it. I want to do this before I move out.
If you have no joint property you do not need a Separation Agreement, but will need what is called a Free Trade Agreement filed with the Register of Deeds in the county where you are purchasing real property in order for your spouse not to obtain rights in the same.