Home owned prior to marrige husband will release equitable distribution? Quit Claim without name on deed?

My husband and I are married. I purchased my home in 2004 and remained on Union County deed as sole owner. I have refinanced in the past without my husband signing at closing. I had the house close to full payment of mortgage and I needed funds decided to refinance. I have done this in the past without lender informing me husband needs to sign although not on the deed or on any mortgage before this lender.
My husband wants to sign a release on the home not to deal with this nor does he want any money that may come from the value (appreciation) of home. In the event of my death, the home will go to my son. Again my husband is fine with this. We had a trust both of us signed indicating this however this was done back in 2012 and it needs to be updated. My husband owns no property. The only thing we plan on splitting in the event of death (or separation or divorce if this occurs as we were living separately over the past year deciding to try counseling and living together part-time) would be retirement income which would help either individual and we plan on keeping beneficiary or life insurance to each other.

Too much information probably.
Is there a release other than Fair Trade Agreement and/or legal separation, which indicates separation and property that is gained from the time during separation. Our situation is different however I believe something is needed to submit to Union County and have on hand for refinancing if needed again. We are delayed currently on closing as we want to make this agreement permanent. NC has different laws and we are both concerned. With or without separation or divorce is there a document we may do while on better terms and carry through if we do end up divorcing allowing the divorce to be amicable and easier? Quit claim possible even though his name has never been and is not on deed?

You may want a postnuptial agreement. This is a binding agreement/contract between Husband and Wife entered into after marriage determining the distribution of marital property in the event of a separation and divorce.

If you are already separated, you would not need a postnuptial agreement and could not enter into a postnuptial agreement. Any property acquired or gain on previously separate property is by law that spouse’s separate property.

If you are separated and intend on reconciling the marriage, you can enter into a reconciliation agreement which is similar to a postnuptial agreement except entered into with the intent of reconciling the marriage.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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