Can I agree to sell the house to my spouse, as part of the separation agreement?
Yes, this type of clause is very common. If your spouse has adequate assets to purchase your interest in the marital home, you both may agree to do so.
An example clause stating as follows:
Wife shall sign and deliver to Husband all documents necessary to transfer title to the Husband in the real estate known as:
123 Washington Street, New York, NY. 21121
This title shall be free of liens and encumbrances, except for the existing mortgage, which husband assumes. Husband agrees to indemnify and hold harmless the Wife for mortgage payments, taxes, liability and expense incurred in connection with this property. Wife waives any and all rights or claims to any insurance policies held in connection with said real estate, or the proceeds from any such insurance policies. In consideration of the transfer of the real estate, Husband agrees to pay Wife $ 50,000 on August 3, 2001.