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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: 1 month ago.Category: Legal
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Answered in 1 minute by:
3/23/2018
Lawyer: legalgems, Lawyer replied 1 month ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

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 1 month 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 1 month ago
Thanks
Lawyer: legalgems, Lawyer replied 1 month 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 30 days 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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Category: Legal
Satisfied Customers: 12,570
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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