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Ask WALLSTREETESQ Your Own Question
Category: Family Law
Satisfied Customers: 17252
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I am married but separated for the past eight plus years.

Customer Question

I am married but separated for the past eight plus years. I am about to close on a townhome on 12/15/10, I am also about to file a Dissolution of Marriage uncontested divorce with the intention that my husband will not need to come to closing, he lives in Tampa, I am in Fort Lauderdale. Can I close on the 15th while my divorce is in process? Is there any legal paperwork I can bring to closing that my husband can sign to show he has no interest in the purchase? Jennifer
Submitted: 6 years ago.
Category: Family Law
Expert:  WALLSTREETESQ replied 6 years ago.
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

Has your husband signed the divorce papers?
Customer: replied 6 years ago.
Expert:  WALLSTREETESQ replied 6 years ago.
Under Florida divorce law, property purchased while you were separated will be consider yours, and since you are separated and a divorce already filed there is no claim he can make for the property. I would have him sign an affidavit regarding separate property, basically stating:

I, the husband of ____, agree that the purchase of said property is separate and not part of the maritial estate. I agree to make no claim in the present or in the future for the property, and agree in whole that the property was purchased solely with funds by my spouse.

The above is a brief sample of what the affidavit should state, but the key issue is to have him state he will make no claim on the property.
Customer: replied 6 years ago.
Is there any other paperwork that I should take with me to the closing, such as proof that the divorce is filed, and the affidavit mentioned above, should it be notarized?
Expert:  WALLSTREETESQ replied 6 years ago.
The affidavit must be notarized and a copy of the divorce and his signature should be brought.

This separation agreement can be used as well.


_____________________________________________________(name and address) referred to as Husband and _____________________________________________________(name and address) referred to as Wife, agree:

The parties were lawfully married on ___________________, _______, at _________________________________________________ (name and location). Troubles have occurred between the parties, and they have agreed to live separate and apart.

The parties nevertheless desire to resolve certain issues and consequently, have entered into this agreement.

The parties have children born of this marriage who are as follows:

Name Age Date of Birth

1). __________________________ ________ _________________

2). _________________________ _________ _________________

3). _________________________ _________ _________________

The parties have made a complete disclosure to one another of financial matters and each is satisfied that they have had sufficient disclosure of the parties individual and joint finances.

The parties have each been advised by counselors of their own choice regarding their legal rights and any disclosures made herein.

The husband shall assume the following debts and shall not hold the wife responsible for the same:




The wife shall assume the following debts and shall not hold the husband responsible for the same:




Neither party shall incur any further debts which may result in joint liability. In the event that either party incurs a debt on joint credit of the parties, that party shall be responsible for the total amount of that debt.

As child support, ________________ (husband/wife) shall pay support ____________ (weekly, monthly) the amount of ______________________ Dollars ($__________).

The (husband/wife) shall maintain health insurance for the benefit of __________________________________________________ .

Personal property of the parties shall be divided as follows:

The Husband shall have the following property: _____________________________________________________



The Wife shall have the following property: _____________________________________________________



If any debts are associated with the items of property divided herein, the party receiving the same shall assume the debt and hold the other party harmless from such debts.

Any property not specifically divided herein shall be subject to distribution at a later time.

The ____________________ (husband/wife) shall have temporary possession of the residence owned by the parties located at ____________________________________.

Expenses related to the residence shall be borne by the parties as follows:

Husband: _____________________________________________________


Wife: _____________________________________________________


The parties agree that this agreement is intended to be a final disposition of the matters agreed upon herein. This agreement may be introduced into evidence and incorporated in a final decree of dissolution of marriage. In the event that any disputes occur regarding this agreement, the prevailing party shall be entitled to reasonable attorney?s fees regarding such enforcement._________________________ __________________

Signature of Husband Date

_________________________ __________________

Signature of Wife Date

_________________________ __________________

Witness for Husband Date

_________________________ __________________

Witness for Wife Date

________________________ My commission expires on:

Notary Public


Expert:  WALLSTREETESQ replied 6 years ago.
If you have any questions please do not hesitate to ask.