Separation Questionnaire

I was given a separation agreement questionnaire from my husband. I understand it forms into the actual separation agreement contract. How do I answer those questions when I’m not 100% sure which is the best route (try to remain in the home, ask to sell or be brought out). My husband is the main provider. I am his dependent but considered as an independent contractor and looking for a stable job. My income varies monthly and would not cover all expenses without additional income. Could he be held responsible during a separation process to provide for me to remain in the home?

You should not answer any questions in which you are not sure of the answer, especially if you are unsure at this juncture what is in your best interests and best financial interests.

While your husband would not be required to pay a mortgage for you in a final settlement for example, he could be required to provide you a certain amount of alimony every month for a certain period of time in which you would then use to pay the mortgage. And you can expect that you would need to refinance the mortgage assuming it is not already in your individual name.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

My husband wants this done quickly. One of the questions is who would be responsible for the mortgage before and after the divorce.
I would like for him to continue payments as part of the separation agreement because I have no guarantee way of paying for it until I get a stable job. After the divorce, I’m not sure if it would be feasible; but I want to explore all options.
Is it acceptable for me to state I am unsure at this time about what should happen to the house after the divorce?

If you’re merely completing a questionnaire, you do not need to be sure about any of your responses - simply don’t answer them. That is something very informal and not binding.

The final binding agreement (i.e. separation agreement that is signed and notarized by both spouses) needs to address the title to the home and the mortgage. Whoever is keeping the home should have the deed transferred to his/her name and that spouse should also refinance the mortgage in order to remove the other spouse’s name. The other spouse can pay the spouse keeping the home alimony (if eligible) which that spouse can use to pay the mortgage.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you for your response however I’m still a little unclear. This separation agreement questionnaire stated that it will be formed into a binding contract and later requiring signatures and be notarized.

My question is when it comes to deciding what to do with the mortgage upon separation. Can I ask for him to continue pay during the separation? And after divorce, state my interest to refinance the home (if affordable) or sell the home if necessary? So, I would have a backup plan.

Your responses in the questionnaire may be used to form part of the separation agreement, but the questionnaire itself is not binding. Nothing is binding unless both spouses sign the document and both spouse’s signatures are notarized.

You can ask that your spouse continue to make the mortgage payments during the separation. And you can state in the separation agreement that you will refinance the home within a certain period of time after the execution of the separation agreement or it will be sold and the proceeds divided equally or some other agreed on percentage).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.