Free Trader agreement with non-responsive spouse

I am trying to refinance my house and the title company told me I need a free trader agreement. I downloaded your form and emailed it to my astranged spouse. He is not responding to it. Not a yes or no, just nothing.

Do I have any alternative options? He has barely lived in this house and it is solely in my name. He signed a POA for me to sell my previous home and purchase this home. He stated he wanted nothing to do with the house when I purchased it. He has never paid any household bills or mortgage. He has been living outside of the home for a consistent period since February 2019.

Thank you

If you have a separation agreement or court order requiring you to refinance and obligating him to cooperate as necessary, then you can threaten to sue or sue for breach of contract (separation agreement) or contempt/motion for order to appear and show cause (court order).

If you’ve been separated for over a year, you can proceed with a divorce and then the free trader agreement may not be necessary.

Anna Ayscue

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

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