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Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
A legal separation is a contract between two spouses setting out how their property and debts will be divided.
A Deed of Separation is a document filed along with the deed to the property owned by a married couple which legally waives the right of one spouse to the transfer of the property by the other spouse--a document which authorizes the parties thereto to convey real property or any interest therein without the consent and joinder of the other. This is the kind of document that is needed if only one spouse is seeking to refinance a property. Here is a link to the code discussing this document. Refer to
§ 39-13.4. Conveyances by husband or wife under deed of separation. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_39/Article_2.pdf
You will need to get a local real estate attorney to draft a Deed of Separation for the two of you to sign and then to have files with the property records clerk in the county where the property is located.
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