Going Your Separate Ways in the Same House? Draw Up an In-House Separation Agreement Quickly!

Standardized Legal Documents Going Your Separate Ways in the Same House? Draw Up an In-House Separation Agreement Quickly!

Create an In-House Separation Agreement in the Blink of an Eye

Separation can not only be emotionally draining but also involve lots of legal procedures. Have you and your spouse decided to part ways? Do you need to draw up a separation agreement but don’t want to hire a lawyer? We are here to help!

Whether you need help with drawing up an in-house separation agreement or writing contracts in general, DoNotPay offers the information you need!


What Is an In-House Separation Agreement?

If you and your spouse have decided to part ways but stay in the same house, you should draw up an in-house separation agreement. This document will establish the terms and conditions of the separation, lay out the duties and responsibilities of each spouse, and clarify the division of assets.

In-house separation contracts are ideal for couples who’re not sure they want to end the relationship, so they continue living in the same house as separate individuals. They can work on fixing their marital issues or live as roommates, making the final decision whenever they feel ready.

It is essential to establish clear guidelines in this agreement because it can be the basis of your settlement contract. It lays down the following information:

  • Detailing out the separation while living in the same house
  • Parenting and childcare arrangements
  • Bill payment details
  • Alimony
  • Distribution of financial assets
  • Debt payment

There are several reasons why opting for an in-house separation would be more convenient than the permanent separation:

  • It’s more affordable for both spouses to live in the same house, especially if they’re on a budget
  • Children can enjoy the presence of both parents
  • Fixing the marriage is easier when both individuals live under the same roof

How To Create an In-House Separation Agreement

It’s ideal to draw up a prenup or postnup to address all these potential issues in advance. In case you haven’t signed such contracts, an in-house separation agreement is your best bet.

There are two ways to create it:

  1. Mediation—An impartial third party will negotiate on behalf of the spouses and come up with a contract acceptable for both parties
  2. Consulting a lawyer—The spouses can consult their respective lawyers to get legal advice and create the most suitable contract

When drafting legal documents, it’s ideal to hire a lawyer to confirm that all crucial elements are included. If you can’t afford professional legal help, look for contract templates online and use the one that meets the specific requirements. The problem is that most templates are generic without any option to customize them, so they can only serve as a starting point.

Here are a few essential elements you should include:

Key elements Brief explanation
General information
  • Names, address, and contact information of the couple
  • The marriage start date
In-House Separation
  • How the in-house separation would work
  • Who pays the bills
Separation information
  • Confirmation that the couple wants to separate
  • The effective date of separation
Asset details
  • Tangible and intangible property, including real estate, cars, equipment, and other assets
  • How the assets will be distributed
Children
  • Child custody and support
  • Parenting and childcare responsibilities
  • Educational, medical, and recreational costs
Debt
  • Debt payments
Taxes
  • Tax refund division
Spousal support
  • Who is responsible for spousal support and alimony

Is a Separation Agreement Legally Binding?

If both parties have willingly signed the agreement, it is legally binding. In case one spouse breaches the contract, the non-guilty party can file a lawsuit.

The court can reject the agreement in the following situations:

  • One party is forced to sign the contract
  • One party does not have enough time to understand the terms and conditions properly
  • Either party has missed important information, or the information is incorrect
  • The terms aren’t equally fair to both parties

DoNotPay Makes Generating Contracts Easier!

Drawing up a contract yourself is challenging, especially if you don’t have the required legal knowledge. If lawyers are out of your budget, use DoNotPay! For an affordable fee, we can draft various agreements for you.

Our easy-to-use tool can help you create legal documents in no time! Say goodbye to expensive lawyers and generic templates—let us help you out!

Here’s what you need to do:

  1. Sign up for DoNotPay
  2. Enter the name of the document
  3. Personalize your agreement by answering our chatbot’s questions

DoNotPay will generate a customized contract, ready for download. Once you print it, you can also get it notarized. If you’re not sure where to find a notary, we can help you out!

If you need other legal documents, here’s a list of the ones we can draft:

  1. Non-Disclosure Agreement
  2. Independent Contractor Agreement
  3. Bill of Sale
  4. General Business Contract
  5. Non-Compete Agreement
  6. LLC Operating Rules Document
  7. Residential Lease Agreement
  8. Intent To Purchase Real Estate
  9. Estoppel Certificate
  10. Quitclaim Deed
  11. General Affidavit
  12. Promissory Note
  13. Prenuptial Agreement
  14. Child Care Authorization Form
  15. Child Custody Agreement

Can’t spot the one you’re looking for? We’re adding more documents to the list, so stay tuned!

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