Q: I am recently separated from my wife who lives in Charlotte, NC. We both signed a North Carolina Free Trader agreement
and filed it with the NC court. I want to purchase a condo in Florida. Will this Free Trader agreement protect me from any future claims against this condo from my wife?
A:
Florida will not honor your form from North Carolina.
In Florida there can be a similar agreement but it must be in conjunction with "full financial disclosure" of the parties' finances - one to the other, and properly documented that such disclosure occurred. Therefore the requirement in Florida is more strict than in North Carolina.
This can be a matter of proofs if there is a problem. It is best to avoid having a judge decide these matters and to just document and do it all right the first time. So per your question, if you buy in Florida your spouse will have a marital interest in the property under the facts as you set them out.
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