Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My husband and I are getting a legal separation. Divorce

before 2019 would cause a...
My husband and I are getting a legal separation. Divorce before 2019 would cause a loss of income for me and we have agreed to stay married until 2019. He will buy me out of our house and I will quit-claim my ownership. We will keep our joint mortgage. I require an agreement to say what will happen with the mortgage in the case of a) divorce b) death of my spouse c) missed mortgage payments. The agreement is that the mortgage will be paid in full, selling the house if necessary. Is a post nuptial agreement the right contract for this purpose? Can we have a postnup as well as a separation agreement?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 14 minutes by:
6/22/2017
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under Idaho law, if you are seeking a Legal Separation from your spouse, and based on the things that you need to accomplish with regard to the house, you will not effect the agreement through a Post-Nuptial Agreement, but rather through a document called a Marital Separation Agreement.

A Marital Separation Agreement is similar to a Marital Settlement Agreement which is used in a divorce proceeding (though the terms can be interchanged without any issue for the court) and includes all aspects of the separation agreement to include the division of all personal and real property, the division of marital debts (if there are any), any custody or child support issues if you have minor children and the issue of spousal support and whether it will be paid to either party by the other.

The properly drafted Marital Separation Agreement will then be incorporated by reference in the final decree in the later divorce proceeding and streamline the process of getting a divorce at a later time. The Agreement must distribute all marital property and is intended to be an all-inclusive account of all property rights and legal obligations (debts) of the couple and is much more comprehensive than a post-nuptial agreement is.

You might consider hiring a local family law attorney to assist with the Agreement, or if you are intent on doing it yourself, you might benefit from one of the number of companies that for a reasonable charge can provide the necessary paperwork for you to fill out---again, presuming that the two of you can reach an agreement on all issues. Here is one such company: Marital Separation Agreement

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Ask Your Own Family Law Question

Good morning,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,

Doug

Ask Your Own Family Law Question
Customer reply replied 5 months ago
Thank you, ***** we are drafting a separation agreement now, and we have appropriate Idaho forms for doing it. It is fairly straightforward, as there are no children and our finances are separate except for the house, which we own together. Are you saying that the protections I need if I keep my name on the mortgage can be written into the separation agreement?

Good morning,

You asked: Are you saying that the protections I need if I keep my name on the mortgage can be written into the separation agreement?

Yes, that is precisely what I mean. The protections that you write into the Agreement can be enforced as a contract before the divorce decree incorporates the Agreement into the decree, and after the Decree the protections may be enforced by direct order of the court because the protections will become part of the decree and become an order of the court---not simply a contract.

Thank you for your kind words. They are very much appreciated. Unfortunately, your gratitude alone is not sufficient for me to be compensated for my having assisted you, as I am not an employee of the site, but an independent site expert. I am not paid unless you rate my service.

I need for you to rate my service to you by clicking on the rating stars located on your answer page---preferably 5-stars. It is that easy.

Thanks in advance.

I wish you the best,

Doug

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
LawTalk and 87 other Family Law Specialists are ready to help you
Ask your own question now

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.

Doug

Ask Your Own Family Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
37,857 Satisfied Customers
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,867 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

37,857 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,390 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,389 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,779 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Question about legal separation/ legal divorce in CA: CA. My
Question about legal separation/ legal divorce in CA: … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,905 satisfied customers
Divorce and custody Alaska. Wife filed for legal separation
Divorce and custody Alaska. Wife filed for legal separation and I responded changing to a divorce. Married 12 yrs with 3 kids. 6 yr old, 3 yr old and 11 months. Own a business and business is struggli… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,145 satisfied customers
If I file for a legal separation before my spouse gets
If I file for a legal separation before my spouse gets admitted to a nursing home are my house & car safe from seizure? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,519 satisfied customers
I live in California and my wife wants a legal separation. I
I live in California and my wife wants a legal separation. I know they are rare and often lead to divorce, and have many more similarities than difference. The biggest difference I can see is that wit… read more
Ray
Ray
Lawyer
Doctoral Degree
30,519 satisfied customers
We have a family law, child support question. North
No. We currently have a child custody agreement but it is dated and incomes have drastically changed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Family Law/Divorce/Separation: I live in Pennsylvania. My
Family Law/Divorce/Separation: I live in Pennsylvania. My wife of 28 years has moved out complete about 3 1/2 months ago. She has moved out on about 3 other occasions stating various reasons such as I… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,668 satisfied customers
I have been legally separated for about 5 years now. i was
hello, i have been legally separated for about 5 years now. i was wondering would that have been a factor in my A disability compensation. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,519 satisfied customers
Can I receive a legal separation agreement while my divorce
Second opinion] Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separati… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,905 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
30,519 satisfied customers
Can I receive a legal separation agreement while my divorce
Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separation agreement. Sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,145 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
I'm legally separated from my husband and I waived spousal
I'm legally separated from my husband and I waived spousal support due to insurance. If we go through the divorce, can I ask for spousal support! … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,145 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,584 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I had a legal separation agreement prior to our divorce. My
I had a legal separation agreement prior to our divorce. My ex wife had exclusive use of the family residence. I was to deposit my monthly pay check in the the joint account for living expenses and co… read more
Ray
Ray
Lawyer
Doctoral Degree
30,519 satisfied customers
I'm wondering if, in the case of divorce or legal separation
I'm wondering if, in the case of divorce or legal separation - at what age does a child have the right to refuse visitation with the parent? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,774 satisfied customers
Need advice with child support spousal support separation
Need advice with child support spousal support separation divorce questions … read more
Expert James
Expert James
Doctoral Degree
11,608 satisfied customers
Can I get child support and spousal support from my spouse
Can I get child support and spousal support from my spouse once we divorce because he cheated and made a baby with this other woman and left the home? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,519 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x