Legal Question in Family Law in North Carolina
I am recently divorced. Does my wife have any rights to my house if she signed the mortgage but not the deed?
Asked on 10/03/10, 4:54 pm
1 Answer from Attorneys
Bob Bollinger
Bollinger Law Firm PC
Complicated question.
Is an equitable distribution claim pending? Answer may depend on that, if you are already legally divorced by a court order.
But if her name is on the deed as a grantee, then she has rights under property law regardless of divorce. As grantees you don't "sign a deed" so her signature would not likely be on it anyway. Unless the bank had you and her grant it to the two of you as "tenants by the entirety" after you were married in order to get that mortgage.
Answered on 10/09/10, 7:36 pm