Estate Law

Ask an Estate Law Question, Get an Answer ASAP!

Have your own Estate Law question?

2 Estate Lawyers are Online Now

characters left:

Not an Estate Law Question?

Question

I live in a community property state (NC). My wife has left me and it seems I am unable to refi / or sell my home w/o her present. Is there a document that she could sign / have notorized that would remove her from the title w/o me having to divorce her?

Submitted: 202 days and 11 hours ago.

Category: Estate Law

Value: $15

Status: AWAITING EXPERT REPLY

Cary, North Carolina

Already Tried:
Talked w the registrar of deeds. They told me I need to speak to an attorney

Accepted Answer

North Carolina is not a community property state. It may be a marital property state. She could sign a quit claim deed essentially releasing any claim she might have on the property and giving it to you.

If you are in a community property state (and I've misinterprereted the NC), she can "transmute" or give her community property interest to you as your separate property.

--Karin

Accepts:
Expert:	Karin
Pos. Feedback:	100.0 %
Answered:	5/5/2009

Attorney

California Estate Planning Attorney

202 days and 11 hours ago.

Reply

THANKS Karin. Is this "quit claim deed" a document I could obtain from a registrars office or does it need to be drafted by an attorney ?

Posted by Karin 202 days and 11 hours ago.

Answer

I'm not 100% sure in North Carolina, but you could go to a title company to prepare the deed instead of an attorney. After she signs it, it would have to be recorded where your existing deeds and mortgages are recorded (in California, it's the County clerk's office).

202 days and 11 hours ago.

Reply

THANK YOU Again !!

Posted by Karin 202 days and 11 hours ago.

Info Request

You are welcome! Please take time to leave positive feedback so my ratings can grow. Thanks!

202 days and 11 hours ago.

Reply

I'm sorry Karin .. I don't see where I can leave feedback ..

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Estate Law

Have your own Estate Law question?

Question

I live in a community property state (NC). My wife has left me and it seems I am unable to refi / or sell my home w/o her present. Is there a document that she could sign / have notorized that would remove her from the title w/o me having to divorce her?

Optional Information

Cary, North Carolina Already Tried: Talked w the registrar of deeds. They told me I need to speak to an attorney

Accepted Answer

Reply

THANKS Karin. Is this "quit claim deed" a document I could obtain from a registrars office or does it need to be drafted by an attorney ?

Answer

I'm not 100% sure in North Carolina, but you could go to a title company to prepare the deed instead of an attorney. After she signs it, it would have to be recorded where your existing deeds and mortgages are recorded (in California, it's the County clerk's office).

Reply

THANK YOU Again !!

Info Request

You are welcome! Please take time to leave positive feedback so my ratings can grow. Thanks!

Reply

I'm sorry Karin .. I don't see where I can leave feedback ..

Related Estate Law Questions

Cary, North Carolina

Already Tried:
Talked w the registrar of deeds. They told me I need to speak to an attorney