Our Marital Separation Agreement outlined all of the specifics of our divorce and that was signed before I filed for divorce (1 year wait in my state). My ex was told that I would still be entitled to half of the equity even if he did refinance the home in his name only. After I was paid my share of the equity, I released all further claims to the property as stated in the MSA.
Thank you. I was hoping it was a reasonable request to refinance before the final hearing, since my payments would be easier to handle. I hate the idea of moving, and the costs involved, plus that time limit between selling the house and finding a new place is so short. I'm not crazy about my house, but not moving is so appealing to me. Our wait is 120 days from papers being served to the final hearing.
In my state you can't divorce until you are separated for a year. Most people enter into a separation agreement (a legally enforceable contract) which divides the property. You can divide things any way you want without the courts and it is a legally enforceable contract if it is appropriately signed, witnessed and notarized.
Our courts simply rubber stamp the separation agreement and call it the "divorce decree" when the one year is up and you request the divorce.
So, *in my state* (can't speak for yours) you can divide things up whenever you come to agreement and it is written and signed and legal.
In my state you can't divorce until you are separated for a year. Most people enter into a separation agreement (a legally enforceable contract) which divides the property. You can divide things any way you want without the courts and it is a legally enforceable contract if it is appropriately signed, witnessed and notarized.
Our courts simply rubber stamp the separation agreement and call it the "divorce decree" when the one year is up and you request the divorce.
So, *in my state* (can't speak for yours) you can divide things up whenever you come to agreement and it is written and signed and legal.
Hth,
M