Ask Experts Questions for FREE Help !
Ask
    melB1's Avatar
    melB1 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jul 1, 2010, 11:55 AM
    Is a separation agreement drafted by a lawyer required when removing one spouse off t
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jul 1, 2010, 11:58 AM

    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #3

    Jul 1, 2010, 12:46 PM
    Quote Originally Posted by melB1 View Post
    ... I will be hiring a lawyer (the banks lawyer) to have the title of our house changed to my name only, ...
    Wouldn't that be a conflict of interest?
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Signing custody agreement without a lawyer? [ 3 Answers ]

My five year old daughter father and I were never married. When my daughter was six months old, I lost the house I was renting, I lost my job, I lost pretty much everything. I asked my child's father to help me out by taking her a little while so I could get back on my feet. He lived about ten...

Divorce after long separation without spouse signature/pa [ 1 Answers ]

We have been separated for 12 years and I don't know where he is. He appeared in a local bar about 1 year ago where a friend of mine works and told her not to tell me. Do I need his signature after all these years. We have nothing together anymore

Real Estate in Separation Agreement [ 9 Answers ]

My wife and I are separating. It's amicable. We agreed that if I assumed all the household debt, mortgage, credit cards, college loans, etc. I could also have the house. The title and mortgage are in both our names. I think I understand what a quit deed is, but is the language in the separation...

View more questions Search