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  1. #1
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    Sep 2016
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    Default Does a North Carolina Free Trader Agreement Protect You in Other States

    A North Carolina couple separated. They prepared a Free Trader agreement and filed it with a North Carolina court.

    The husband has moved to Florida and wants to buy a condo. Will the Free Trader agreement protect him from any future claims that his wife may make against the condo?

  2. #2
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    Default Re: Does a North Carolina Free Trader Agreement Protect You in Other States

    A North Carolina agreement will not be binding on a Florida court.

    Florida has a similar law, but unlike North Carolina the separation agreement must be accompanied by full financial disclosure in order to be effective. The couple may consider entering into a binding Florida agreement that would protect the husband's condo from a later claim by the wife.

    Otherwise, the man should assume that the wife will have a full marital interest in any real estate that he purchases in Florida, or for that matter in any state but North Carolina.

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