It's in my best interest to have a signed separation agreement prior to sale of the marital home, but the lawyers are holding up the process.
- ex approached me for separation 3 years ago and has been delaying the process until I moved out this July after 3 years of harassment to do so. He doesn't want an agreement, but I insisted. No agreement before house sale enables him to not proceed with an agreement.
- ex could cut me off dental/medical benefits. Me providing a separation agreement indicating spouse is to maintain benefits would ensure the benefit provider reinstates benefits.
Couple of other factors.
It's in my ex's and daughters best interest to put the marital home up for sale next month. Ex has chosen to remain in the home until Spring if it doesn't sell by November 1st.
Obviously I want what's best for our daughter.
Ex and I aren't pressuring each other in any way, we're amicable, but there's an aggressive real estate agent involved.
I lost trust in my own lawyer so would prefer to not ask this question of my law firm.
Apparently there's a declaration that the ex and I can each sign directing the lawyers to disburse the funds 50/50 without having a separation agreement.
1. Does anyone know if we go that route is it a real estate lawyer or our family law lawyers we would see regarding the declaration?
2. Any thoughts and/or experiences with going the route of the declaration very much appreciated.
Thank you!
- ex approached me for separation 3 years ago and has been delaying the process until I moved out this July after 3 years of harassment to do so. He doesn't want an agreement, but I insisted. No agreement before house sale enables him to not proceed with an agreement.
- ex could cut me off dental/medical benefits. Me providing a separation agreement indicating spouse is to maintain benefits would ensure the benefit provider reinstates benefits.
Couple of other factors.
It's in my ex's and daughters best interest to put the marital home up for sale next month. Ex has chosen to remain in the home until Spring if it doesn't sell by November 1st.
Obviously I want what's best for our daughter.
Ex and I aren't pressuring each other in any way, we're amicable, but there's an aggressive real estate agent involved.
I lost trust in my own lawyer so would prefer to not ask this question of my law firm.
Apparently there's a declaration that the ex and I can each sign directing the lawyers to disburse the funds 50/50 without having a separation agreement.
1. Does anyone know if we go that route is it a real estate lawyer or our family law lawyers we would see regarding the declaration?
2. Any thoughts and/or experiences with going the route of the declaration very much appreciated.
Thank you!
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