Well my wife finally decided to talk last night. Unfortunately she signed a contract for her own apartment yesterday w/ a 12 month lease. She has also consulted w/ her attorney. She said she will not move before getting a seperation agreement in place, and that we need to get one ASAP. We both agreed to write down what we thought was fair and then we’ll begin discussing it, eventually getting an attorney’s blessing. So…
Apparently she is willing to be somewhat fair about this and, as an example, she said any inhetritance I have received (either prior to our 16 year marriage or during) should go to me. Also, I came into the marriage w/ more $ and she said that I can also leave with that advantage. Does that sound like something that is acceptable in a SA? Is it a case of whatever we agree to in the SA will be enforceable? I do not want to end up in a situiation where we think we have an agreement but then the courts step in a year from now and say ‘no’, that is not equitable. We’d like to keep the courts out of this.
Regarding property, do I value it to the best of my abilities and then begin splitting the assets from there?
She admits she cannot pay for half the mortgage and her apartmnent so I am assuming that I can project our mortgage for the next year and back out half of that from her walk-away $, right? She has already stopped her payroll check from going to our account (where the mortgage is paid from) and now has it going directly into her account, so basically I need to start covering the mortgage in full effective immediately.
Is there a basic fillin-the-blank ‘form letter’ online that would indicate what a SA needs to include?
If I have to refinance to keep the house, is she responsible for half the refinancing costs?
Of course I have many more questions, but I’ll stop here for now.
Thanks in advance for your input…