Question Details: The house is under both our names, he wants to end relationship and feels I should refinance to remove his name and buy him out. Would it be ok for us to agree if I stay in house w kids, keep mortgage as is with both our names on it. Then in a years time refi, take his name off and buy him out. Because as of now I can refi on own but cannot buy him out, I need more time. therefor if we create a document stating I stay with house and kids, would it hold and would it be ok. but regardless in end he will get what he's entitled too. We have 1 child together and lived as couple for 12yrs.
The answer is yes. A separation agreement can address all your concerns including but not limited to the following:
a. house;
b. child support;
c. custody/visitation;
d. spousal support;
e. equitable distribution (division of marital property) etc...
Regards,
EG
718-689-0282

You could enter into separation agreeement with those terms or the same terms could be included in a stipulation of settlement for a divorce case. If you live apart pursuant to a properly entered separation agreement for one year you could get divorced based on that. I am a New York matrimonial attorney. Give me a call if you would like to discuss the matter. It would be my pleasure to speak with you about the case. Darren M. Shapiro, Esq. 516-333-6555

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