Selling Premarital Property While Separated


#1

My husband and I are separated, and plan to divorce soon. He lives out of state. I purchased a home before we married under my previous legal name. The mortgage was refinanced after we married, but it is still only in my name (though current legal name). We have no maritally acquired property or joint assets. I am selling the home to downsize, and will likely purchase a smaller home before the divorce is final. First, is it correct that I need to prepare/record a Quitclaim Deed where he will notarize his endorsement waiving any legal rights to the property? Second, is it also correct that we both need to endorse,notarize, and record a Free Trader Agreement allowing me the ability to purchase a new home before we are legally divorced? Can both these documents be notarized/endorsed independently - as he lives out of state?


#2

Even though his name is not on the house, he has a marital interest in the property. The most comprehensive way to make sure there are no issues with the sale of this house and the purchase of a new one is to get a signed separation agreement detailing everything, then either record that agreement or record a memorandum of separation agreement which includes a free trader agreement as well as a quitclaim deed.

If you want assistance with drafting these documents, you can utilize Rosen Online where you can get assistance with forms and answers to your questions for a monthly fee.