Separated and buying a home


#1

My friend was wanting to know:

My wife and I separated in September 2018 and I have had my own checking account since October. I am currently buying my first house. Since we have no legal separation papers ,can she take me to court for ownership of my new house?


#2

It’s possible there could be a marital interest in the home if you are not divorced yet. The best way to handle this is to have a free trader agreement executed which will allow you to purchase real property without your wife’s name on the deed and will waive her interest in any future acquired real property.

Check out our sample Free Trader Agreement.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Well what if she is refusing to sign the Trade Agreement?


#4

Than you might not be able to purchase the home at this time without her name being on the deed.

You would likely need to file an equitable distribution lawsuit so the marital property can be properly divided in a court order, and the court order could require her to execute a free trader agreement.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.