Free Trader Agreement


#1

I have a separation agreement signed by both me and my husband and it is notarized. This agreement included free trade clause. i have filed for divorce last week, waiting for my husband to sign the summon so we can start the 30 day wait period. in the mean time i have found my dream house. Can I file this separation agreement with the court and apply for mortgage now? If house closed before our official divorce, i know the free trade agreement will ensure his name won’t be in the title. However, will i require his signature when i sell the house in the future? can he claim any interest at all after our divorce?

thanks


#2

Your free trader needs to be recorded at the Register of Deeds for the free trader to be enforceable. Did you execute a separate free trader agreement (outside of your separation agreement) or record a memorandum of your separation agreement with the free trader language? If not, you’ll need to have your husband sign a free trader that you can record at the register of deeds. We offer a sample form on our website: Free Trader Agreement.