Enforceability Of Separation Agreement Before Legally Separated

Albany divorce lawyer Asa NeffQuestion:

My wife and I are divorcing. She does not want to keep the marital home, and I have decided to refinance. Can I refinance the home before we are legally separated and/or before we are legally divorced?

There are certain waiting period requirements in a divorce our state requires us to meet, but I would like to proceed with the refinancing as soon as possible.


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.

It sounds as though you and your wife are amicable regarding the terms of separation and divorce, at least as far as the marital home. Though laws vary by state, the general principals of contract law would likely apply in your situation.

While states have separation and divorce time requirements, nothing prevents you and your wife from entering into an entirely enforceable separation agreement, which is effectively a legally binding contract regarding the terms of separation and divorce.

In fact, you would not necessarily have to agree to all aspects of your divorce, but you could stipulate to the treatment of the house alone.

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Legal Separation vs. Divorce

To ensure the agreement is enforceable it would be a good idea to have a men’s divorce attorney licensed in your state either prepare an agreement for you or review an agreement you prepare independently.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Asa Neff, contact Cordell & Cordell.

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