Asked in Divorce and Family Law for North Carolina

Q: My husband and I have been separated for 5 years but, we do not have a legal separation.

He lives in PA now. I want to buy a new home without him. Can this be done? Does he have to sign the deed? Our divorce process starts in Nov. and my closing is October.

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Amanda Bowden Johnson
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Answered

A: There is no such thing as a 'legal separation'. In NC you are simply either separated or you are not. If you are living in separate residences and at least one of you has the intention not to resume the marital relationship you are as 'legally separated' as you ever will be. That said unless you have a valid separation agreement or other agreement that allows you to buy property separately you may have issues if you by property while still married. Our firm can draft such an agreement for a flat rate fee of $250 or you can hire a local attorney. The most important thing is that you discuss this with you husband first to make sure he is agreeable to signing it or you may end up wasting your money. If he is agreeable this can be wrapped up very cheaply if not you may have to get divorced first. Divorce can be done for a flat rate fee of as little as $395. Call us at (910) 333-9679 or visit www.easyncdivorce.com for more info if you are interested.

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