When a married couple buys a home, is it required that both names be put on the deed?

Asked by Thornton1982, 27302 Mon Aug 16, 2010

If my husband and I buy a house, am I legally required to have my name put on the DEED?

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Vivian Olkin, Agent, Carrboro, NC
Mon Aug 16, 2010
I've always heard that here in NC, it takes one to buy a home, two to sell-- both spouses must sign to sell. Everybody is telling you to consult a real estate attorney and it is for good reason. Talk with one to understand the ramifications of having or not having your name on the deed. There are other issues besides legal.
Web Reference:  http://CrazyVivHomes.com
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Matt Taylor, , North Carolina
Mon Aug 16, 2010
Scott/Maria is correct in their answer. You are not required to put anyone on the title of any piece of property. However in certain states ownership is not soley determined by the titlework in the case of marraige. NC is not a community property state but as heather mentioned there are marital property rights.

Is there a specific reason why you would prefer not to have your name on the deed?
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Heather McAn…, Agent, Hillsborough, NC
Mon Aug 16, 2010
You really should consult an attorney for the legal answer because everyone's situation is different . I do know that North Carolina has what is called "marital property rights". Whether your spouse is on the deed or not, they still can have some ownership rights to that property. An attorney may also recommend the spouse be in the deed in some way, depending how you wish to have that property handled if you pass away. A good attorney will also recommend a will. AGAIN, everyone's situation can be different, so I highly recommend you consult an attorney to get the advice you need to make a good decision for yourself.
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Scott Wynn, Mortgage Broker Or Lender, Brighton, CO
Mon Aug 16, 2010
No. There are states that are community property states where if you are purchasing without your spouse on title you will be required to get a signature from the non-purchasing spouse acknowledging the purchase. If you are not located in a community property state then there is no restriction.

The rights to the property in the case of a divorce is a completely different question, however.
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