Hi. My “spouse” and I have been seperated (not legally I guess bc no paperwork was filed) since June 2006, we have lived in seperate states since this time. We were also married in June of 2006, if that means anything. This is my question…
I am in the process of purchasing a home and need to know what I need to do to insure he has no rights to the property. I spoke with him a couple of weeks ago(first time in years)and he agrees with me as far as having no rights to the property. Is there a form or something that we need to use to make this official?? Can it just be a typed document stating he waives any and all rights to the property now and in the future and have it signed and notarized?? I’m aware that I need to get a divorce and plan to do so soon…It’s just not a possibility to have this done before my closing date. I really need some answers here so that I can get this done to avoid trouble with closing/deed/mortgage loan/etc. Thanks in advance.
In NC, it takes one person to buy property, two to sell. If you buy the house when you are married and you later divorce without having the property distributed through equitable distribution, the house will belong as titled. It is best to be on the safe side and have a separation agreement signed stating that your spouse has no interest in the property. It also may be a requirement of the lender that a memorandum of separation agreement be recorded at the register of deeds. If not, the lender may require that your spouse sign the deed of trust to show that he has knowledge of the encumbrance you are putting on property that he has an interest in.