Purchasing property while separated


Dear luvs2ring:

Greetings. No, I cannot through this forum provide you with language for your separation agreement and property settlement. I can tell you that you need a properly executed separation agreement and probably a memorandum of agreement also. No, your separation agreement does not need to be filed anywhere, but you may need to file it for purchasing property. Generally, I have my clients file a memorandum of agreement instead of their separation agreement.

No, you generally do not need your separation agreement when you file for divorce. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
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.


Just a few quick question. My husband and I are separating, selling our current residence and I am purchasing a townhome. The lender is requiring something in writing stating that my husband has no claim to this new property. Could you please tell me the correct verbage to use. Also, does our separation agreement need to be filed anywhere to make it legal? It has been signed and notarized but now what do I do with it? Will it be needed when I file for divorce? Nothing is contested and everything has been distributed…no children involved.
Thanks for providing this service!