# Free Trader Agreement required

**URL:** <https://forum.rosen.com/t/free-trader-agreement-required/13110>\
**Category:** Divorce and Separation Answers\
**Created:** [October 31, 2011, 2:12pm UTC](https://forum.rosen.com/t/free-trader-agreement-required/13110 "2011-10-31T14:12:54Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![lostdad12](https://avatars.discourse-cdn.com/v4/letter/l/c37758/32.png) [@lostdad12](https://forum.rosen.com/u/lostdad12)\
**Post date:** [October 31, 2011, 2:12pm UTC](https://forum.rosen.com/t/free-trader-agreement-required/13110/1 "2011-10-31T14:12:54Z")

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Hello,

I want to thank for any responses you can provide for my situation.

I have a court filed separation agreement with my stbx that divides “all marital and/or divisible properties fully and equitably”. I am looking to buy a primary residence now (she is keeping the marital house as per the separation agreement). Do I need to have a “Free Trader Agreement” on top of this? Also, if I end up buying the property do I need her to sign a quit claim on top of the Free Trader Agreement?

Regards,  
LostDad

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**Author:** ![Crystal\_Russ](https://avatars.discourse-cdn.com/v4/letter/c/c4cdca/32.png) [@Crystal\_Russ](https://forum.rosen.com/u/Crystal_Russ)\
**Post date:** [October 31, 2011, 3:49pm UTC](https://forum.rosen.com/t/free-trader-agreement-required/13110/2 "2011-10-31T15:49:18Z")

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There are certain inchoate rights that can attach to any real property you purchase prior to divorce. An executed Separation Agreement and a Memorandum of that Agreement recorded with the register of deeds in the county where you purchase land will cut these rights off, a Free Trader Agreement will do the same. If you have a properly drafted Separation Agreement, you should not need a free trader agreement. You should have your mortgage company review your Separation Agreement to see if it is sufficient.