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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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I live in North Carolina. I purchased a home before I was

Customer Question

Hello
I live in North Carolina. I purchased a home before I was married. After I got married my wife wanted me to add her to the deed and so I did. Loan is in my name. 2 years later things are not going well.
First, can I remove her from the deed since I added her.
Second she is listed with my last name so she's MK but still has her maiden name which would make her MP , would this be grounds to change the deed, as technically MK does not exist, but MP does?
Thanks!
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 3 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

By adding your wife to the deed, you gave her a gift of one half the value of the property. That means it's no longer only your house, and you cannot unilaterally take the deed back just because the marriage did not work out. She would have to sign a deed transferring the title back to you. The mistake in the name unfortunately will not void the gift, either, because all she needs to do is produce the marriage certificate to show the intent to transfer the property to her at the time of the deed signing.

If the two of you cannot work out a fair settlement on your own, the judge will divide the house in an equitable manner, which should mean you'll keep the loan and the house, and she'll get half the equity. Keep that in mind if you want to try to negotiate something different.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 3 months ago.

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