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?
Originally posted by JanetFritts
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
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.