My ex and I filed for divorce in June 2018 pro se, but the case has not yet been settled by the court. As part of the paperwork, we each signed and notarized an agreement between the two of us indicating what property we defined as communal, and how it will be distributed between us as part of the separation. I would like to purchase property with my parents this year, but I would like to understand whether the court can overrule our agreement, and award any property value to my ex.
My understanding was that because we were already separated (as of submission of divorce paperwork), we can each start leading individual lives prior to the ruling by the court. Is this an incorrect assumption / assessment?
The court won’t settle your case. It won’t even process a judgment unless you’ve submitted it. You can buy a house—but your husband will be asked to quitclaim any interest.
This is general advice. You are anonymous. If you PM me I won’t know what it’s about.
Until there is a judgment of divorce, the lender and seller of any property on which you go on title will demand that your husband sign a quitclaim or interspousal transfer deed waiving any claim to the property. It's not that your agreement with your husband about division of the property isn't enforceable, its that the marriage has not been terminated and the agreement has not become a court order. If your husband is satisfied with the agreement he should be wiling to sign the deed. If not maybe there are problems ahead for you in the case. I'd try to get the judgment entered as soon as possible. Hire an attorney to help you if getting it done is that important.
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