Monodare1 Posted October 24, 2013 Share Posted October 24, 2013 Hi guys The ex gas spoken to a lawyer and I'm apparently going to receive legal documentation to sign. I told her I'm signing noting until I've fully read and understood it and had a lawyer to look at it. She said its the only way the mortgage provider will consider removing my name from the mortgage, is this the case or is she trying to pull the wool over my eyes? Link to post Share on other sites
melissag Posted October 24, 2013 Share Posted October 24, 2013 Yes, you need a lawyer to look at it. Each state is different, but where I live, legal separation does come with some changes. For example, you have to wait 180 days to get divorced (as opposed to 90 days if you just file for divorce off the bat), there is an injunction re: children (can't take them out of state without agreement of the other spouse); and some financial issues as well - I think that the marital estate is valued at the time of the separation (so anything you each earn/acquire going forward is separate property), and I think that financially, you have to keep the status quo. Just examples - you will need to talk to a lawyer or so some research to find out what it means in your state. By the way, don't just listen to her - you can call the mortgage company yourself and ask them what they need . . . . Link to post Share on other sites
LuvsTrucks2 Posted October 25, 2013 Share Posted October 25, 2013 Monodare1, I am in a similar situation where I am trying to figure out how to get my STBXH off of the mortgage. We have verbally agreed to this arrangement and I did have him sign a statement indicating what we verbally agreed on. Since we have no children, we were hoping not to have to deal with lawyers and file for divorce through the court. However, from a post earlier this week on LS many posters indicated that I could do a quitclaim and/or contact the lender myself to see if they would be willing to do an assumption instead of a refinance. I believe ultimately I will have to seek out legal counsel. If her lawyer is sending you something, I definitely wouldn't sign it blindly. I would suggest you obtain your own legal counsel to review it for you. Link to post Share on other sites
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