Legal Question in Family Law in North Carolina

Seperated and buying a new home

Separated for 3 yrs now with signed agreement. Living apart and no issues (amicable). Have not filed for divorce yet.

If I buy a new home with no ties to her, can she have/make any claim to it? Should I have her sign an agreement denouncing any claim?


Asked on 3/16/09, 11:05 am

1 Answer from Attorneys

Mark Williams Rice Law, PLLC - Web Based & Downtown Office
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Re: Seperated and buying a new home

Depending on what your separation agreement says, the closing attorney may not allow you to purchase real property in your own name unless it contains "free trader" language.

Why not just get divorced and then it becomes a non-issue?

If you want to stay married, ask your closing attorney if the separation agreement is good enough for you to purchase the house in your own name or whether you need something more.

Good luck!

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Answered on 3/16/09, 5:04 pm

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