Q: Considering divorce. Do we need a legal separation agreement? If I leave the house does that have negative legal weight?
Mortgage is in my name because we wouldn’t qualify with his debt to income. Title has both of our names. Looking for a consultation.
A: You do not necessarily need a separation agreement just because you and your spouse are separating. You will need a "Separation Agreement" in order to finalize a divorce. This agreement contains details regarding your property division and support issues. Leaving the house is not usually a problem. You do not forfeit any claims to the property division. However, you would be at a disadvantage if you later ask the divorce court for the exclusive use of the house while the divorce is pending. Yes, you should consult with an attorney about this.
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