If you are going to pay for the home on your own, then go out and get the property for yourself. Who cares what he thinks? You have your money and will be paying the mortgage not him. So, he really has not much to say. It would be different if you were using a joint bank account and funds that were common. You are then entitled to your paycheck only because you earned it; your spouse didn’t. My soon-to-be ex bought a home and moved out of our home. So, there’s proof it can be done. She may have gotten her parents to front her the cash, but I highly doubt it. They don’t pay for anything unless it is “Pay to the Order of Her Parents”. I am trying like mad to get her off my mortgage. That is not going very well. But that is a different story.
I would not purchase any property without having a separation agreement or a quick claim deed signed by him. Because, any home you purchase, his name has to by law go on the deed. There is no way around this. You could also get a divorce from bed and board. If you try to buy a home and tell the lender that you are not married, that is considered fraud.
ssteach714 you need to have someone look into that because lilcutie is right. Unless your STBX had her parents buy the home… legally, unless you have an absolute divorce or an agreement, both spouses name must be on the deed.
My suggestion would be to continue living with family or rent a low cost apartment until your divorce is final. After one year and one day from the date you moved you can file for divorce and there is nothing that can be done with that. You ARE entitled to 1/2 the equity in the marital home btw and that could help you with the purchase of a new one.
Good Luck!
Dear tplessinger:
Greetings. You MUST have one of these documents before you made a bid on a home, or you will need your husband’s signature at closing. I would suggest that you file a claim for equitable distribution if he will not listen to you nd work on a solution. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
So this is to say, that in NC a married couple MUST include the spouse on the mortgage deed in order to purchase a home. The only alternative is legal separation or the free trader type of agreemnt?
I want to confirm, if I have a Marital Settlement Agreement that my spouse and I have signed (done ourselves and notarized) - then I can buy a home on my own? Or do I have to wait for the divorce to be final? Would he have to sign off on any paperwork? Thank you for your assistance.
Dear casporter:
Generally, yes, unless a real estate attorney tells you otherwise.
Dear tulips3:
Greetings. If your separation agreement contains the proper language then it should be fine. I cannot advise you further without seeing your entire agreement. Thank you.
Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
I have recently left my husband after 33 years of marriage and have moved in with my daughter. I am trying to purchase a home and was advise that a “free trader” agreement or seperation papers was in my best interest before I put a bid on the home. However he will not sign the free trader agreement and will not even consider the seperation papers as this is a deterant for me to reconsider and stay married. Our martial home is paid for and I have not suggested he sell, all I want is to be able to purchase a new home. I work a full time job and will be paying the mortgage with my income I make from my job. Please advise me if there is anything I can do to purchase this house. There is no way he will sign seperation papers nor the free trader agreement and I can not continue to live in limbo.
Thank you for your time,