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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.