Free Trader Agreement


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?



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.