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There is no time limit stated in the agreement.
The underwriter for the mortgage co. wants a letter stating that we do not intend to divorce or separate, so he can get the loan for the remaining balance. (They were concerned, because he told them this will be his primary residence, and that our current home will be my primary residence.) However, I want to file for divorce as soon as possible. I wanted him to get this place so that he wouldn't have to live with my any longer, and because he stated that he would give me the house if he gets this apartment. Since he took the $40k - and the fact that this apartment will be considered marital property, which will be 1/2 mine - I will have more leverage to keep our family home. My concern is that I don't want to commit fraud to his mortgage company stating I don't intend to divorce, when I absolutely do intend to divorce. I am just wondering if it's something they can come back and sue me for? Or how long would I have to wait to file? I don't want to commit fraud.