Separated buying a house


#1

Me and my husband are separated not legally but he is buying a house in NC he is in the military and I moved to Texas to give us some space. He wants to make sure I do not get any part of the house if we get divorced but has considered working things out but wants security of knowing I will not be entitled to the house. He suggested I sign a free trade agreement but that does not interest me because I wouldn’t get anything if we decide to get a divorce.


#2

A free trader agreement allows a spouse to purchase property while still married without the other spouse’s name on the deed and without the other spouse having any interest in the property.

If you do execute the free trader agreement, then you would not have any interest in any after acquired real property that your husband purchases. If you do not execute the free trader agreement, then your husband may not be able to purchase a new house because the mortgage lender will likely require the free trader in order to title the house in just his name (without your name).


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

Even if I live in Texas I can sign a free trade agreement from here and it will be valid? What type of free trade agreement would I need from North Carolina to Texas?


#4

Yes, you could still sign a NC free trader agreement in Texas since your husband is buying real property in NC.

If you are buying real property in Texas, you will need to seek the advice from an attorney licensed in Texas about buying real property while separated but still married.


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.


#5

Would I have to be in NC to sign or can I do it from Texas and have it notarized here


#6

You can sign it in Texas as long as your signature is notarized.


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.