I tried to buy a place during seperation and could not in NC without my wifes signature but, I could buy something in SC without her signature. I guess it depends on the laws in the state where the property is located.


Dear lostlady:

Greetings. No, it is not a necessary thing, but most mortgage companies and real estate attorneys will not sign off on a property transaction unless both spouses are signed on the dotted line. However, if one of the spouses has a free trader agreement, then there is generally no issue and they can sign on the property without their spouse’s signature required. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Is it true that in N.C. any property purchased while legally married must have both names on deed/contract, even if parties are separated?
Respectfully, lostlady