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where to start when spouse moves out

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Anonymous Asked:

My spouse has moved out of the house and says that he wants to separate . We have 2 childern together and a mortgage on the house. Where do we start in terms of separtation agreement ? deciding if the house needs to be sold or if I can buy his share of the house ? right now we are both paying the mortgage on the house.

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Andrew J. Kania, LL.B., LL.M.
6 years ago

The answer to this question depends on the ages of the children and your custody/access desires. You likely now have a significant advantage if a custody/access dispute arises, as he has moved out. This may affect the timing of when you wish to commence the negotiations on a separation agreement. A buy out can only occur if the parties can fairly divide all of their assets/debts (called an equalization of net family property) and the spouse wanting to keep the home can qualify for the mortgage on their own. That spouse should seek a mortgage commitment letter from their financial institution. Remember: a financial institution may first wish to see a signed Separation Agreement or Court Order dealing with the child support and/or spousal support issues, before deciding.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

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