New mortgage

Dear kanstrom:

Greetings. Yes, but you usually must sign a Free Trader Agreement. This agreement will allow you to purchase property and not have your spouse included on the deed. The agreement also ensures that your spouse does not obtain an interest in the property purchased while still married. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
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

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.

If you have been separated for over a year and are in the middle of mediation, is it possible to buy property/house with others (family, business partner, etc.) without having to include your spouse on the deed? Especially if funds for down payment are not from assets acquired during the marriage?