My husband lives in Ohio, I live in NC. We have been separated for nearly two years. Now that we have finally found a buyer for our Ohio home, I sent my husband (in Ohio) the Separation Agreement for him to sign, asking him to return it to me so I could have it recorded in NC. He is in the process of buying himself another home in Ohio, and the mortgage officer tells him that because we are separated, they must have a copy of a legal Separation Agreement that has been recorded in Ohio. He says that a NC Separation Agreement is not legal in Ohio for mortgage purposes. Can this be true? A quick answer is appreciated, as the loan process is now stalled.
I cannot speak to what the law is in Ohio, but in NC, you would need either a memorandum of a separation agreement or a free trader to purchase new property, and it would need to be recorded in the county where the land is to be purchased.