Greensboro, NC asked in Divorce and Estate Planning for North Carolina

Q: I live in NC. I have been separated from my wife for 7+ years and want to buy a house without her having claim to it.

I would like to purchase a house knowing my wife (separated for 7+ years) will not get it in the eventual divorce.

Related Topics:
2 Lawyer Answers
Melissa Averett
Melissa Averett
Answered
  • Estate Planning Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: You need a divorce, or you need a free trader agreement signed by your wife (this is a document that says both of you can engage in financial transactions as if unmarried), or quit claim deed signed by your wife giving up her interest and the new house. A separation agreement typically contains a free trader agreement as well.

Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: You need to get divorced or enter into a Free Trader Agreement or a Separation Agreement that contains a free trader clause. Of those options it is likely the divorce is the easiest because it doesn't require her consent or for her to sign anything. Check out our website www.easyncdivorce.com to see if our divorce service for a total flat rate fee of $395 is a good fit for you. If you buy property while still married, she will have some marital interest in it even if you manage to keep her off the deed and / or mortgage.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.