Long story short, this isn’t the frist divorce for either of us. I’m afraid for my safety because he “self-injures” and blames me because I make him angry and he’s “proud of himself for not hurting me”. Not an entirely safe environment, but not critically urgent as far as imminent danger.
Both of us have children but none together. Fighting used to be a problem but it’s settled down tremendously, but there’s no question it’s over.
Complications - we are currently in a ch7 bankruptcy and are letting the house go into foreclosure. BK atty has issues with us separating before it’s discharged due to conflict of interest problems, so we have 2-3 months where we have to co-habitate, is my impression. It takes 60-70 days to get discharged from a ch 7. We understand we are in this together as far as the bankruptcy and will continue to present a united front and do what is necessary.
I’m trying to get a separation agreement drawn up, before it gets ugly, and since there’s no house to distribute, likely, and we’ve agreed to take what we came into the marriage with, it seems most things are agreed upon or easily done so as far as property distribution.
Here’s my problem. How do we do a separation agreement such that post bankruptcy discharge, and while the mtg co in still in foreclosure mode, my father can buy a house for me in his name, to live in with funds I borrow from my father (downpayment), and protect myself from my husband having any claim to the new house? Timing wise, I’d like to do the separation agreement now, get the ch7 discharged, then let my dad buy the house and move and let him remain in the marital residence while it’s being foreclosed on. Is this even possible, or am I missing something? I already have a notarized free trader agreement.
I’ve done my own sep agreements before, but not had these unusual complications. Can I file a memorandum of separation based upon our separation agreement now, while in ch7? Can I write it such that it says we will physically separate as soon as the ch7 is discharged? Am I imagining that it’s a problem if we separate while in ch7 and worrying for no good reason? Would the $199 package cover a case such as this? I’m perfectly comfortable with most documents and filing procedures - I just need help staying within the bounds of legal and making sure we are protected in moving forward with our lives. I need help with checking legality and wording.
One more complication - the “surrender” of the marital properly is not expected to yield any positive result, but there is a small chance the mortgage company will come back with a modification and settlement offer to get the payment down to where I can afford it by myself, and my husband has agreed I can have the house and he will sign a quitclaim deed to accomplish this with the separation agreement. I think I can handle that wording but I need it checked by someone more knowledgeable.