Quit Claim Deed Vs. Free Trader Agreement

My husband and I were married in 1/19, at that time he moved into the home that I have been the sole owner of since 2007. We are now in our waiting time of separation and I have gotten a job out of state and need to sell my home. I have been told by the real estate attorney that I need to have him sign a Quit Claim Deed. This document confuses me because he was not added to the deed after we were married and is only associate with the property by virtue of marriage. He has never made a mortgage payment on property, nor has he contributed to any significant improvements to the property. It seems a Free Trader Agreement would be the more appropriate document to have him sign for the sell of the home. Then the division of proceeds be dealt with in the separation agreement. I’m just perplexed by this…

I am assuming the home is your separate property in that it was bought prior to the date of marriage and it remains titled in your sole and individual name.

With these facts, then a quit claim deed would not be the proper document. A free trader agreement or free trader language within a separation agreement plus a recorded memorandum of separation agreement would be the appropriate document(s) to sell your home and ensure your spouse waives any marital interest in the home.

There could be a marital component to the house for equitable distribution purposes if the mortgage has been paid down by marital funds (funds earned during the marriage). A free trader agreement would waive this interest.

However, you should check with your closing attorney to be sure of the exact documents and any specific language needed.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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Thank you for your response. There was never a co-mingling of money as we never had a joint bank account. I’ve spoken with at least two closing attorneys who say that the quit claim deed is the document to use, but I just don’t understand how you “quit” a claim to a property deed when there was never an official “deeding” of the property to another person. So I will take the information you provided and ask them about it. Again, thank you for your reply.