Separation and Moving


#1

If the two of you have agreed on the terms of your separation, you should have this formalized in a written Separation Agreement. So that there are no confusions or questions down the line. In NC a Free Trader Agreement is sufficient to allow you to purchase property in your own name. Once you have a signed Separation Agreement, that is usually all you need and it gives you the right to contract as though you had not been married.

I do not know what you would need to do to meet the requirements of the state you will be moving to.

Once you have separated it does not matter who files for divorce. If the divorce is filed in NC and you do not use attorney’s, one of you will need to appear in court. If you use an attorney, neither will have to appear in court, unless it is contested.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

My husband and I will be beginning our one-year separation this August. We have managed to figure out a way to split investments, finances and current property with no issues. He will stay in NC and buy property and I will move out of state to buy property as well. We will have a separation agreement that states we waive all rights to each others property during the separation. The state that I am moving to would like him to sign on all paperwork to “acknowledge the transaction” though the house will be deeded only to me, as a married person.

Is there any formal paperwork we can fill out (aside from the separation agreement) which clearly states that we will not have any issues with new property once we are separated?

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Also, once we have lived separate and apart does it matter who files the paperwork? Can we file in either state? Will either of us have to travel to the other state to settle anything if the property and possessions have already been distributed?

Thank you!