Aside from getting the agreement notarized you can have your stbx sign a freetrader agreement. I do not know where to get this unless there is one on this website but someone may be able to post more information on it. This will allow you to purchase a home without your spouse.
If she will not sign off on the agreement then you do not technically have an agreement. Once the agreement is signed and notarized it is a legally binding agreement. In order to follow through with the mortgage you may need the mortgage company to prepare a “Free Trader Agreement,” this will allow you to purchase property in your own name.
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
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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.
My stbx wife and I have met the requirments for divorce. We’ve been seperated 1 full year now. We have a seperation agreement done through a mediator…HOWEVER…that’s as far as we have gotten.
The agreement is not signed, not notorized, nothing. We are very level headed people. At this point it’s more or less a handshake agreement. We intend to follow through and get it done SOON, and here is why. I have found a house I would like buy. I have been approved by myself. The only problem is the Mortgage people WILL NOT allow this to happen because of the law. (50/50 law) I don’t know for sure what their standards are but at the very least the keep saying to get the seperation agrement “finalized”. Aside from putting another clause in the agreement that neither one of us will attemtp to “go after” property of any kind …what then? Just get it notorized?
I’m thinking I’m going to need more legal weight than that for this mortgage company. They are just covering their butts, I know that, and good for them. It should be an easy fix, just point me in the right direction. Thank you.