Q: Just now starting divorce process; do we need our own lawyer?
My soon to be ex husband and I are in agreement on everything inside our house as far as who will get what. We have it on paper and are about to have it notarized. However, we just bought this house on 9/30/2020 and he is wanting to stay in the house. I do not mind if he does, I just don’t know what that means for me when it comes time to sell? Will I still be able to get a portion of the selling price? What all would I be entitled to as far as money goes? The other thing is, I’m currently staying with a friend of mine a few days a week at a time bc I didn’t know if I were to just take all of my belongings out if that would mean I forfeit the house and/or what’s inside? If you could please get back to me at you earliest convenience I would greatly appreciate it!
Thank you,
Jacqueline
A: Yes. You should each have your own attorney. One attorney cannot ethically represent both sides at the same time.
Gary Johnston Dean agrees with this answer
A:
NO, you do not have to each have an attorney. I would recommend having a lawyer represent one of you so that things are drawn up and filed properly. The other party can be pro se (represent themself). The lawyer technically only represents one of you (recommend that be the one filing the paperwork).
Like Pete said ethically one lawyer cannot represent you both, however it is common where only one have a lawyer.
Additionally with that being said the notarized agreement is a contractual thing but it will not change your legal responsibilities to creditors and such on the home and all that. You do need to file the proper paperwork and have that all put into a court order for it to be enforceable.
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