Asked in Divorce for North Carolina

Q: My mother is in a legal separation. The house is only in her name, Can she sell it without the spouse?

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1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Jacksonville, NC
  • Licensed in North Carolina

A: Depends on what you mean by 'legal separation'. There is no such thing in North Carolina but if you mean she has entered into a formal written separation agreement then it is possible that it could have been drafted so that she can sell the property. Without looking at the agreement or any other documentation she may have, it is impossible to say for sure. However, if she does not have a separation agreement or free trader agreement or other such agreement, even though the property is in her name she should not sell it until she is sure she has the authority to do so.

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