Perhaps I should have also mentioned that I’m in Guilford County. Not sure if this matters.
Again, thank you.
In North Carolina a spouse may not purchase property in their own name unless their spouse consents. Normally they show that consent by signing a free trader agreement. If they have been separated for two years she is eligible to file for divorce. If she does not want to reveal her address, she can hire an attorney to file on her behalf and will not have to reveal her address.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
Hello,
I’m a realtor who is new to the state of NC. I have my first challenge. Client wants to put in an offer on a home. Has been separated from husband for nearly 2 years. Now in MD, where I came from, she could purchase that home all day long alone. I have found that it doesn’t work that way here. I heard for myself (via speakerphone) that there is no way that he will sign the free trader agreement, and signing a separation agreement is really out of the question. He is abusive, so there is a fear of filing for divorce while she still lives somewhere that he can find her. What is her recourse, if any, in this situation? In another post, I saw something about filing an equitable distribution complaint. Would that apply in this situation? She is very frustrated and feels all is hopeless, but I don’t think I can help her from a real estate agent standpoint. I am just trying to gain general knowledge about the process to give to her.
Thank you.