Seperation agreement concerns

North Carolina Divorce Law Divorce and Separation Answers
1

Dear courtsr:

Greetings. No, the court order does not qualify or act as a separation agreement, but if your attorney will send the order to the lender and explain that the equitable distribution portion of the order is the final resolution, you should be fine in purchasing your home.

Now, if for some reason the lender will not accept this, then you can request that your ex sign a Free Trader Agreement. Other than these options, you must obtain the divorce judgment. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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

On March 10 1997 , my wife and I seperated. When we seperated, a judgement for equitable distribution of property/ child custody/visitation/ child support was done at that time. Alimony was not a factor in this case. My wife has been living in Chicago for the past 6 years. I currently live in Charlotte NC. I also filed a complaint for divorce on March 21 05, using the self serve information your site provided, which was very helpful. Thank you.
I have recently attempted to purchase a home, but the lender requires a seperation agreement. My questions to you is:
Does having the above documents qualify as an agreement?
If they do, is there some sort of letter that I can get drafted explaining this to the lender?
If they don’t what needs to be done?