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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 89141
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My husband sold a piece of land in NC. My name is XXXXX XXXXX the

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My husband sold a piece of land in NC. My name is XXXXX XXXXX the deed yet the title company, at closing, required my signature on the deed transfer. Is it legal to sign a deed over to new buyers when my name was not on the deed in the first place
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

This depends. What are you trying to achieve here, exactly? To reverse the sale? Or, are you simply asking if this was binding? You see, the answer has a lot to do with who is trying to achieve what in such a situation.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Hi, My husband, together with his sister and mother inherited a piece of land in NC before we were married. My name was never on the deed. They sold the land few days ago and the title company had me sign the deed over as well. All proceeds go to my husband's mother. I signed the paper but I feel very uncomfortable to sign something that has nothing to do with me. I feel it was wrong to sign a deed over to new buyers when my name was never on the deed. Also, my notarized signature was on a blank page. Can that be used for something else?
Expert:  Ely replied 1 year ago.
Miriam,

I feel it was wrong to sign a deed over to new buyers when my name was never on the deed.

I understand how you feel. Allow me to explain why they asked you to do this.

In North Carolina, separate property is the property that a spouse (1) had before marriage, (2) has inherited, or (3) was gifted. Everything else is marital property. So this was his property only to begin with.

But here comes the part which concerns you. In NC, the law "creates a presumption that all property acquired by the parties during the course of the marriage is marital property." Johnson v. Johnson, 346 SE 2d 430 - NC: Supreme Court 1986 (internal citations omitted). In other words, even though it was his, if say you and he get divorced, you can POTENTIALLY make a claim on the property and even though would eventually be unsuccessful in doing so, would tie it up and cause issues for all the parties.

So, it is customary for the spouse - even not having any real interest - to sign off on the deed to give away any interest in case they WANTED TO CLAIM it later. In other words, "if you had any interest, you gave it up. If you did not, it is a none issue."

I actually had the very same thing happen to me and I was in your shoes.

Also, my notarized signature was on a blank page. Can that be used for something else?

You can relax. Title companies are constantly reviewed and overlooked by the state. One slip up - one wrong move - can cost them dearly in fees, fines, and loss of license. It is unlikely that they would attempt to be malicious over one property. Ergo, it sounds very much like this was simply them making sure to ask you to sign over any interest (even if you did not have any) on the deed.

I hope this helps and clarifies.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 89141
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Ely and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi, Thank you for the answer. I feel better now.
I am happy with the answer but I am not sure if I pressed the right faces. Let me know please.
Miriam
Expert:  Ely replied 1 year ago.
Miriam,

You did - thank you.

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Ely
Ely
Counselor at Law
3046 Satisfied Customers
Qualified attorney in private practice including business, family, criminal, and real estate issues.