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If I am married does my wife needs to be informed on my real…

Customer Question
If I am married...

If I am married does my wife needs to be informed on my real estate purchase. Or can I purchase without her knowing in South Carolina.

Lawyer's Assistant: Have you talked to a SC lawyer about this?

No

Lawyer's Assistant: What steps have you taken so far?

I about to close it n the property but I was told I couldn’t do it without her signature. Is that true?

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/23/2018
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,706
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 4 months ago

There is no statute that specifically addresses this but per the court's benchbook (the resource book used by the judges) the case law has indicated spouses have a fiduciary duty to one another; please see:

Eubanks v. Eubanks, 273 N.C. 189 (1968), "(t)he relationship between husband and wife is the most confidential of all relationships, and transactions between them, to be valid, must be fair and reasonable." Id. at 195-96; Link v. Link, 278 N.C. 181, 193 (1971). Any transaction between persons so situated is "watched with extreme jealousy and solicitude; and if there is found the slightest trace of undue influence or unfair advantage, redress will be given to the injured party." Link, 278 N.C. at 192 (quoting Rhodes v. Jones, 232 N.C.547 (1950)

That information is here on page 13

Furthermore even if title is held in one spouse's name the other party may be awarded part of that property pursuant to the equitable distribution laws of the state that occur if the parties divorce; also N.C.G.S. 39-7 requires that both spouses sign the deed in order to transfer the property so there are limitations as to what a married person may do legally.

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Customer reply replied 3 months ago
Thanks
Lawyer: legalgems, Lawyer replied 3 months ago

You are most welcome;

if no further questions kindly rate 5 stars if you feel I have earned it- thanks!

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Lawyer: legalgems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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