My husband and I are reaching the home stretch of negotiations in agreement on a SA and he has put an offer on a home for himself, which was accepted. Our plan (and we both have attnys) is for him to close on his new property and move within a few days of that- and he will deed the current home to me in the same SA. But he and his attny would like for me to go ahead and sign the agreement and a Memorandum of Understanding soon (weeks ahead) because he says he needs to file the MoU to be allowed to buy (in Johnson County) as a free agent while married. (the financing should not be an issue at all, and he is preapproved for the mortgage) Meanwhile, my own attny says No, to wait until just a day or two before his closing and move to sign the documents, that if we continue to live together for weeks after signing a Separation Agreement, that he might be able to declare it null and void if he were to choose to… I am wondering what your recommendations are.
One other question, in order to not incur taxes on the home that is going into my own name soon, is it required to have a clause in the SA referencing Section 1041 of the Internal Revenue Code, my own attny did not include one, and yet I have seen such in your sample agreements.