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Question: Divorce, Marriage, Alimony - New York

Asked on 8/21/2009
Can ex and I sign an agreement for me to stay in home w kids and he moves out, without showing abandonment?
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.

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Answers (2):

AttorneyPages has verified that this person is an attorney.

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



  • Answered on 8/21/2009
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AttorneyPages has verified that this person is an attorney.

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



  • Answered on 8/21/2009
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