Greetings. You will likely need a free trader agreement to ensure that she is not placed on the deed. If she is placed on the deed, it complicates everything, so I advise caution. You should be able to get the mortgage without her, and without putting her name on the deed, but you may have some problems if she says that you are using marital funds (or disposing of them). The reason for the mortgage may be significant.
I hope I answered your question. It sounds to me like you just need to speak with an attorney to ensure that you are making a decision that won’t jeopardize you in the future. Thank you.
Janet L. Fritts
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.