Post Nuptial Agreement


#1

Dear Songwriter:

Greetings. You may be able to sign a free trader agreement. Also, if you plan to separate you will want to execute a separation agreement prior to closing on the house.

If you are that uncertain about your future with him, I suggest that you figure out what you want to do prior to closing on the house. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

Hi Janet,

Thank you replying, I called your office today and left you a message. What is a free trader agreement? There was something on WTVD News Last month were a Garner women was sent to Jail because she didn’t refinance her house. Apparently it was agreed upon that since she was keeping the house, she had to get the house refinance in her name in 30 days so the house would not be in her husband and ruin his credit since they were separating.

Since the state automactically forces me to put his name on the deed due to being married, is there something that we could sign if he’s fully willing and says it’s okay not to have his name on the deed at closing, some kind of “OPT OUT CLAUSE”?

Then have a post nuptial agreement in place that would state that I agree to place his name on the DEED once his credit was repaired enough to be able to quailify on the loan with me, then and only then would we refianance in order to place his name on the DEED.

That way I have more than just his word that he going to do the right thing and I don’t have to feel like I’m the only one sticking my neck out there while he gets to sit pretty and still have his name on the DEED but not the responsibility of the loan should somthing ever happen to us, but I’m hoping we can stay married forever.

Is there a OPT OUT Clause on a DEED if you chose to do so at closing?

quote:
Originally posted by JanetFritts
Dear Songwriter:

Greetings. You may be able to sign a free trader agreement. Also, if you plan to separate you will want to execute a separation agreement prior to closing on the house.

If you are that uncertain about your future with him, I suggest that you figure out what you want to do prior to closing on the house. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.



#3

Dear songwriter:

I do believe that the state requires you to place his name on the deed. Instead, the mortgage lender generally wants his name on the deed. Tell them you do not want his name on the deed. I believe Jessica in our office was going to call you, but please let me know if she does not. Thank you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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
quote:
Originally posted by JanetFritts
Dear songwriter:

I didn’t get a call from Jessica yet. Is is okay if I call your office and ask for Jessica?

In the meantime is there a difference in the Deed and signing a deed of Trust? I was told that his name dose not have to be on the deed, but he does have to sign the deed of trust.

Thought they were the same thing. Please contact me, or tell me if I can call you or come by.

do believe that the state requires you to place his name on the deed. Instead, the mortgage lender generally wants his name on the deed. Tell them you do not want his name on the deed. I believe Jessica in our office was going to call you, but please let me know if she does not. Thank you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.



#5

I have a big situation where I’m suppose to be closing my a bigger home March 4, 2004. Up til now everything was going fine. Because of my husband bad credit I was approved for the loan in my name, but now since my husband has started having serious mood swings, I’m not so sure If I want to stick my neck out to move in to the new home that we really do needing due to more space.

Is there anything I can do or some kind of agreement that both of us can sign, that would protect me because as of right now, he knows his name automatically goes on the deed “thanks to our wonderful State” since we are married, so if he gets mad enough and decides not to help with the mortgage and bills he has nothing to lose but still collect the equity in the home don’t have to leave if we should split up and he really doesn’t have to pay the mortgage since his name isn’t on the loan.

Is there some way I could keep his name off of the deed and perhaps add his name on it later once his credit is good enough to be added to the mortage or is there some kind of way a post nuptial could be drawn up to say he has to leave and get only what he put into the house prior to him messing up.

songwriter