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My husband and I are getting a legal separation. Divorce…

My husband and I are...
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?
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Answered in 14 minutes by:
6/22/2017
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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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

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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

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Customer reply replied 1 year 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: 37,876
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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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

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