I like what she has said to you. I tend to think that you can communicate with Dan about the D thru email as well or have your lawyer do it. If that is what you want to do.
I like the boundary setting ... it will force Dan to solve the problem of owning a house for a year and he can't keep his kids there. It will force him to do something.
So far, my STBXH has done nothing to facilitate this D or (seperation as he calls it now) that he wanted and needed so badly that he cheated, lied, and left twice to obtain. I don't want to be where my SIL is four years from now still married, still seperated, taking the emotional abuse that one takes when being REJECTED by the one that they love. It's not a healthy thing to do.
Please go back and read "He's just not the into you" and reference to Dan.
M:47 M:18 D16, S19 1st S 1/08-5/08 Reconciled/May 7, 2008 Left again Nov 9, 2009 I Filed: Nov 17, 2009 Final: April 14, 2010 EX walked away from kids too