Filing memorandum of agreement

Good morning, I have a signed and notarized separation agreement. Since I will be buying another house to move into, how do I go about filing a memorandum of the separation agreement please? Also, what is a free trader clause?

Thank you.

The memorandum can be recorded at the register of deeds, and should include free trader language. The free trader allows you and your spouse to purchase real property before the date of divorce, without either of you having any rights in the property. Feel free to look at our sample Free Trader Agreement.

I just signed my separation agreement and it includes the memorandum of agreement with free trader clause. Do I need to record this with the Register of Deeds if I refinance the mortgage?

Your full separation agreement likely has a confidentiality clause in the standard provisions section that prohibits the full separation agreement from being recorded with the register of deeds.

If so, and if needed by your new lender, then you would need to have a memorandum of separation agreement drafted (a short version which does not list all of your property, assets, accounts, debts, etc.), both spouses would need to sign it, and the memorandum would be recorded instead.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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