Financing in Raleigh>Question Details

Agr8id, Home Buyer in Raleigh, NC

Does my husband have to sign a quitclaim deed on a property that I shared with another family member?

Asked by Agr8id, Raleigh, NC Sun Oct 7, 2012

Over ten years ago, my sister and I purchased a property. I recently gotten married and I would like to relinquish any claim to the house that I brought with my sister. Since NC is a equitable distribution state, does he has to sign the deed as well?

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Mike Jaquish’s answer

"One to But, Two to Sell" is fundamental in NC Real Estate. An attorney can clarify your status for you and should be the next person with whom you consult.
0 votes Thank Flag Link Sun Oct 7, 2012
Just to throw a monkey wrench into the situation: Are you on the mortgage? If so, you'll still be on the mortgage; you don't get rid of that obligation with a quit claim deed.

Further, though it's not likely in practice, you could trigger the mortgage's "due on sale" clause.

Run those questions by your lawyer as well.
0 votes Thank Flag Link Tue Apr 9, 2013
Don Tepper, Real Estate Pro in Burke, VA
Off course as Real Estate agents we are not allowed to give legal advice and you would need to verify and check with an attorney..... However, yes when you sell your interest in the house, you husband has to sign the Deed as well to relinquish his interest in the property. When you married he got a marital interest in all the properties you owned at that time
0 votes Thank Flag Link Sun Oct 7, 2012
Yes - ownership of the property becomes shared upon marriage. In NC one spouse can purchase a piece of property but two signatures are required to sell it.
0 votes Thank Flag Link Sun Oct 7, 2012
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