Legal Question in Family Law in Georgia

Here is my situation. I am filing for a separation from my husband. He has verbally asked me to move out of the house in 2 weeks. I have found an apartment already and am preparing to leave. Before I leave I want to create and agreement with him, to be signed by both of us, that states that as per his request I will be moving out in 2 weeks and therefore am no longer required to pay the mortgage. The agreement will also state that particular property will go with me and some will stay with him. Does this agreement need to be notarized in order to be considered a legally binding agreement or will both of our signatures suffice should it be questioned and required for court?

Thanks,

Ang


Asked on 6/05/10, 4:41 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You badly need a lawyer.

First of all there is no such thing as legal separation in Georgia. Secondly, agreements you draft, notarized or not, are meaningless unless you have a court case (either divorce or, if you have children or alimony claims, maintenance). Thirdly, you still owe the mortgage company no matter what you and he agree to.

See a lawyer and do things properly. You were about to make a catastrophic legal mistake.

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Answered on 6/05/10, 10:36 pm
Rachel Hunter

Ang,

This is a very important decision you are about to make and important rights are at stake. Nothing you and your spouse draft will take your name off the mortgage. Do not give up rights to your property without a proper marital agreement. Get to a divorce lawyer now so that he/she will maximize your rights to your share of the marital property and alimony/support if appropriate. You may be able to get attorney's fees as well from your husband. Please do not make a legal mistake that could come back to haunt you.

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Answered on 6/07/10, 10:00 am


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