I am 26 years old. I am currently under contract to purchase a home. Earnest money has been paid, and I am under the due diligence period.
My wife of 6 years and I have been separated since February. There is a current order of child support, custody visitations, and a consent order in place. The consent order addresses how child support will be paid, how visitations will work (holidays etc), as well as gives my ex a vehicle. I thought the order was a separation agreement, however it is just an agreement saying that each party has come to an agreement. My mortgage lender has now, in the twelfth hour, asked me to either have a separation agreement or a free trader agreement in place ASAP so that I may continue to close on the home.
Doing some initial research, it seems that it would be beneficial for both of us to sign the document. I can’t see why she wouldn’t agree to it, seeing as we are months away from divorce, and that there are not any plans for reconciliation. However, from feeling out the situation, I feel that she would not sign this document just to be vindictive. I understand that a court will not force her to sign anything, however, given the circumstances, are there any recourse options for me?
I would be using a USDA loan, with 0% down. My wife has never lived in the home, nor would any marital assets be used in the purchase.
As a side note, we have no existing property or assets for ‘equitable distribution’ which is why I think our divorce attorneys went the child support / visitation route instead.
The funny thing is, I have provided the mortgage lender w/ the support order, a copy of my new apartment lease showing that I am the only person in the house hold, an active 50b order against her, and other documents showing that we are separated, however none of this is enough. I am about to be out about $5000 in earnest money because of my due diligence period expiring. Given that I would be “put out” or “damaged” by her refusing to sign a free trader agreement, do I have any options there?