Purchasing New Property While Separated - Quit Claim Deed?


#1

My husband and I are separated and plan to file for divorce in the future. We do own joint property in both of our names but that house is currently be rented by a third party and neither of us resides in the house. I would like to purchase a home for my son and I in just my name. I know that in NC property is considered joint. Do I need to have my husband sign a quit claim deed for my to be purchased property? The mortgage would be in my name only.

Not sure if this matters, but my husband does not provide me with any financial support (i.e. alimony or child support) and all funds used in the purchase of this home would come from an account with money that I’ve made since the separation.


#2

not an attorney

Are you saying you need him to sign a quit claim deed to be released of owning the rental home so you can qualify for a mortgage on your new home? A quit claim deed will not release you from the mortgage obligation you made to that lender. If you want to be “free and clear” from that home in terms of financial responsibility, you need to sell or have your husband refinance the home in his name only.


#3

*Not an Attorney

Pretty sure that if you are living in a separate residence with the purpose of remaining apart until divorce, you have established legal separation, and any property obtained after legal separation is separate property, not marital.


#4

You need to have a free trader agreement or have it stated in your legal seperation that anything purchased after a certain date is no longer marital property.
Not an attorney


#5

If you have joint property, you need to either file an action for equitable distribution or enter a separation agreement prior to the time the divorce is granted, or you will lose your right to the claim for equitable distribution.

A free trader agreement will allow you purchase property without your spouse’s signature, but since you have property that needs to be divided, you should use this opportunity to settle all the outstanding issues between you two and incorporate a free trader agreement into the full settlement.