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I have a question regarding the difference between a legal

separation and a deed of...
I have a question regarding the difference between a legal separation and a deed of separation in order refinance a house. My ex and I have signed a legal separation, included is her agreement to sign a quick claim deed. The issue is the refinance company says that it needs a deed of separation as opposed to the separation agreement / property settlement we both signed and filed with the court.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Nc
JA: Has anything been filed or reported?
Customer: Separation agreement months ago. Divorce will be final beginning of June. However neither is related to the other.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Answered in 13 minutes by:
5/16/2017
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,855
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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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.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

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Hi,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,

Doug

LawTalk
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Category: Legal
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