Separate Maintenance Agreement

I'm separated from my wife but not divorced. I'm in the process of purchasing a home here in Michigan. The mortgage company has requested a Separate Maintenance Agreement form signed by a judge from me and i'm not sure how to obtain such a document. Does anyone know if such a document exists in my state? Is there a waiting period for something like that? Any idea where I can obtain such a document? I'm disabled and live on a fixed income so I have a hard time to afford spending hundreds of dollars without getting results. I would appreciate any help/answers given me.

Call the courts and ask if they have a pro se office, they would have the forms. You can also make a copy at your nearest law library, I have found the staff at my local law libraries to be very helpful.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Buzzingbee:
[b]I'm separated from my wife but not divorced. I'm in the process of purchasing a home here in Michigan. The mortgage company has requested a Separate Maintenance Agreement form signed by a judge from me and i'm not sure how to obtain such a document. Does anyone know if such a document exists in my state? Is there a waiting period for something like that? Any idea where I can obtain such a document? I'm disabled and live on a fixed income so I have a hard time to afford spending hundreds of dollars without getting results. I would appreciate any help/answers given me.[/b]<HR></BLOCKQUOTE>
First question would be, are you paying seperate maintenance to your wife? If not then you will be required to get a legal seperation from your wife and it would need to include how much you are paying for maintenance to her, if she is getting any at all.

If you two have an agreement that she pays for her own expenses and you pay for yours, you will just need to petition for a seperation agreement between the two of you stating this.

Here is a link to the Mich laws that you might find useful:
[url="http://www.michiganlegislature.org/law/IterativeSearch.asp"]http://www.michiganlegislature.org/law/IterativeSearch.asp[/url]

I signed off on the house we lived in together. She is now the owner of that house. We have no hard feelings against each other. I been paying for my own expenses and bills and she has done the same. That is a mutual agreement that will continue between us. To the best of my knowledge there is not something called a Legal Separation in Michigan. When the Mortgage Company asked for a Separate Maintenance Agreement signed by a Judge I just didn't and still don't know if such a document exists in Michigan. Would a Separation Agreement be legal in Michigan? I couldn't get into the link left but will try again. Thanks!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Buzzingbee:
[b]I signed off on the house we lived in together. She is now the owner of that house. We have no hard feelings against each other. I been paying for my own expenses and bills and she has done the same. That is a mutual agreement that will continue between us. To the best of my knowledge there is not something called a Legal Separation in Michigan. When the Mortgage Company asked for a Separate Maintenance Agreement signed by a Judge I just didn't and still don't know if such a document exists in Michigan. Would a Separation Agreement be legal in Michigan? I couldn't get into the link left but will try again. Thanks! [/b]<HR></BLOCKQUOTE>


I believe this is the info you were looking for:

JUDGMENTS OF DIVORCE OR SEPARATE MAINTENANCE (EXCERPT)


Act 259 of 1909

552.101 Judgment of divorce or separate maintenance; provision in lieu of dower; determining rights of wife or husband in and to policy of life insurance, endowment, or annuity; discharge of liability on policy; determining rights as to pension, annuity, or retirement benefits or systems. [M.S.A. 25.131 ]
Sec. 1. (1) When any judgment of divorce or judgment of separate maintenance is granted in any of the courts of this state, it shall be the duty of the court granting the judgment to include in it a provision in lieu of the dower of the wife in the property of the husband, which provision shall be in full satisfaction of all claims that the wife may have in any property which the husband owns or may own in the future, or in which he may have any interest.

(2) Each judgment of divorce or judgment of separate maintenance shall determine all rights of the wife in and to the proceeds of any policy or contract of life insurance, endowment, or annuity upon the life of the husband in which the wife was named or designated as beneficiary, or to which the wife became entitled by assignment or change of beneficiary during the marriage or in anticipation of marriage. If the judgment of divorce or judgment of separate maintenance does not determine the rights of the wife in and to a policy of life insurance, endowment, or annuity, the policy shall be payable to the estate of the husband or to the named beneficiary if the husband so designates. However, the company issuing the policy shall be discharged of all liability on the policy by payment of its proceeds in accordance with the terms of the policy, unless before the payment the company receives written notice, by or on behalf of the insured or the estate of the insured or 1 of the heirs of the insured, or any other person having an interest in the policy, of a claim under the policy and the divorce .

(3) Each judgment of divorce or judgment of separate maintenance shall determine all rights of the husband in and to the proceeds of any policy or contract of life insurance, endowment, or annuity upon the life of the wife in which the husband was named or designated as beneficiary, or to which he became entitled by assignment or change of beneficiary during the marriage or in anticipation of marriage. If the judgment of divorce or judgment of separate maintenance does not determine the rights of the husband in and to the policy of life insurance, endowment, or annuity, the policy shall be payable to the estate of the wife, or to the named beneficiary if the wife so designates. However, the company issuing the policy shall be discharged of all liability on the policy by payment of the proceeds in accordance with the terms of the policy, unless before the payment the company receives written notice, by or on behalf of the insured or the estate of the insured or 1 of the heirs of the insured, or any other person having an interest in the policy, of a claim under the policy and the divorce .

(4) Each judgment of divorce or judgment of separate maintenance shall determine all rights of the husband and wife in and to all of the following: (a) Any pension, annuity, or retirement benefits.

(b) Any accumulated contributions in any pension, annuity, or retirement system.

(c) Any right or contingent right in and to unvested pension, annuity, or retirement benefits.

History: 1909, Act 259, Eff. Sept. 1, 1909 ;--CL 1915, 11436 ;--CL 1929, 12766 ;--Am. 1939, Act 220, Eff. Sept. 29, 1939 ;--CL 1948, 552.101 ;--Am. 1982, Act 184, Imd. Eff. June 17, 1982 ;--Am. 1985, Act 42, Imd. Eff. June 13, 1985 .