Home owned before marriage


#1

Dear squires8:

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

ROSEN.COM

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.


#2

What is a free trader agreement?


#3

Dear squires8:

Greetings. A free trader agreement is a document that is signed by a married couple prior to the signing of the separation agreement in the event that either, or both, of the parties need to enter into a contract. For example, when a wife wants to buy a house without her husband’s name, she will obtain a free trader agreement so that she can contract without her spouse having an interest in the property. 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

ROSEN.COM

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.


#4

Is there ANY downside or POSSIBLE risk for me if I get a new mortgage on my home that I purchased before getting married and is currently paid off? Does not having her on the title now benifit me? Would getting a new mortgage (in my name only) require her to be placed on the title and, if so, does this hurt me when we divorce?

Sorry if the question seems to repeat my earlier post, but just trying to make sure I don’t make a mistake and understand clearly.

Thanks for the opinion.