My husband and I separating, we have a house and small child. We have prepared own separation agreement that we agreed on. In this agreement, he has agreed to leave me the house it contents (I am not selling the house) I will also have sole custody of our child. I will be hiring a lawyer (the banks lawyer) to have the title of our house changed to my name only, and he will also see a lawyer for independent legal advice. My question for you is, as we will have lawyers involved in the transaction of the title change, do we will still need to have a legal separation drafted by a lawyer in order to avoid the chance of my spouse from coming back at later date and saying he didn't know what he was getting into when he took his name off the title.

No you don't need to have the separation aggrement drafted by a lawyer, if the court accepts it.

As for transfer the house, I doubt if the bank will let him off the deed unless you refinance and you, essentially, buy him out.

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Originally Posted by melB1

... I will be hiring a lawyer (the banks lawyer) to have the title of our house changed to my name only, ...

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Wouldn't that be a conflict of interest?