Separation Agreement in place


#1

My STBX and I have been living apart since August 7, 2008 so the filing for absolute divorce can take place in a month. We separated due to adultery on her part among other things. We signed and got notarized a separation agreement in September 2008. The home mortgage is in both our names and I still currently live there and plan on staying there. In the separation agreement it states that she has no vested interested in the home or property and waives any right to such etc etc… unless the house sells within 3 years from the date of separation at which time she is entitled to half of the proceeds. I have also kept her on my health insurance plan throughout these past 11 months because she didn’t have any and because of previous medical conditions it would have been very expensive for her to get any on her own. It does state in the separation agreement that I will continue her on my insurance plan until she finds insurance of her own or until the divorce is finalized. She still does not have any health insurance of her own, lost her job and has little to no money and now that the timeline for filing the divorce is close she has advised me that she will not grant the divorce (which I believe she is unable to do anyhow) until the house is out her name by refinancing or selling and she receives $25,000 which is half of the equity that is in the house according to the appraisal that was recently done vs. the amount owed on the mortgage. I am having a hard time getting the house refinance even though I have been trying because I too would like her name off the mortgage as this is really the only thing still linking both our names. She also states that if I cancel her insurance prior to HER granting the divorce then she will take me to court over the insurance matter. My questions are:
1- Since we have a notarized binding separation agreement that was put together by a lawyer do I have to give her anything out of the house unless I sell within 3 years as stated in the separation agreement? Same goes for refinancing since that is not stated in the separation agreement?
2- Is there any action that she can take to postpone the divorce going through once I file the divorce papers on day 366 except for getting granted a continuance


#2

The separation agreement is valid and binding with respect to the division of property. You are not obligated to do anything above and beyond the agreement.
Your spouse can attempt to delay the divorce process by attempting to avoid service of the complaint, or contesting the date of separation. If attempts to forestall the divorce by lying about the date of separation she could be convicted of perjury.


#3

Thank you for your reply. I didn’t think there was much that she could do just wanted to verify. I don’t believe that I even have to refinance or take her name off the mortgage according to what the separation agreement says. Thanks again.


#4

You are welcome, best of luck.