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  • separation agreements

    If you're doing your separation agreement amicably together, can anyone sign as witness or must it be a notarized? You don't have to make it a legal separation do you? Also, when the house changes from both to one owner, using a quick claim...is the house realy free and clear of all encumbraces as stated in the agreement or must I go for exclusive posession ? Can you change the locks right after the signing? If the one party is vague as to what posessions they're going to take out of the house, nothing is in the agreement, what do you do? I really don't trust the other party because of previously lying about being at the house. All parties are suppose to be in posession of what they get at the signing.

    Thanks in advance

  • #2
    Well, anybody can witness your agreement.

    But... your agreement will have almost no force in law unless it is looked over by a lawyer. According to family law, anybody who is not a lawyer is a complete idiot, and any agreement you sign without checking with a lawyer is worthless, much as if a child signed a contract.

    You don't need a lawyer, but you need your ex to get a lawyer if you hope for her to be bound by the agreement in any way. If your ex is smart, she'll insist that you get a lawyer as well.

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    • #3
      Originally posted by slughead10 View Post
      i take it your not a lawyer?


      Sadly, I'm an idiot.

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      • #4
        I did get some advice from a lawyer, they said it seems ok, I told her too also and she refuses. She did this agreement up herself and it's to my liking. She did her last separation this way too. Are you saying don't sign it?

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        • #5
          Originally posted by Jeep66 View Post
          I did get some advice from a lawyer, they said it seems ok, I told her too also and she refuses. She did this agreement up herself and it's to my liking. She did her last separation this way too. Are you saying don't sign it?
          It is probably best to get Independent Legal Advice, in other words each of you should pay a lawyer to look it over and sign as a witness.

          Remember, her lawyer's signature is for your protection, don't let her weasel out of it. Especially if you don't trust her and she has done this before.

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          • #6
            I wouldn't sign if I were you. You mention a quick claim deed; transferring her right to you in this manner does not guarantee that the house has not been encumbered with a lien in her name. While a quit claim is certiainly a great option, without a title search, done by a lawyer at the time of signing, to ensure no encumbrances are on the property, can be financially dangerous.

            If she refuses to obtain independent legal advice it can get tricky.

            Don't sign it

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            • #7
              Very good advice on the title search. I also did notice that she had the cash I'm giving her as payment for her share of the house. I told her there's zero equity in the house, I had an agent come by. The house is half under renos. Thats so dirty, how can someone you're with one day turn into this rotten person the next. Some people are so cold.

              Keep the advice coming.

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              • #8
                I just reread the proposed agreement, it states wife transfers interest in the marital home to the husband fre of all encumbrances. Does that mean shes saying no liens. If I use a lawyer and I can't force her to do the same what should I do?

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                • #9
                  she could lie about liens against the house. Treat it like a real estate deal with a stranger and get the proper search done.

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                  • #10
                    Getting a tiltle search this morning to make sure.

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