Legal Question in Family Law in North Carolina

Re: rights to deed

Even though your husband purchased the house prior to the marriage a portion of the home's value is marital property. Of that portion which is marital property, generally court's will award each party an equal portion of that value during the equitable distribution phase.

There are several issues in your question that would need to be addressed prior to any court allowing/ordering the transfer of the deed, without your husband's consent, to occur. Which one of you is leaving the house during the separation? Who is going to remain in the house after the divorce? Are there children involved who would being living in the house after the divorce? Is there a security interest in the home that would prevent the deed from being transferred? Is there a legitimate reason/need that both would have their names on the deed? Is the home going to be sold to resolve the property distribution? Is there a better solution than having to go to court to enforce a property right?

Parties can often times enter into a separation agreement that handles all the property issues in question and allows for the voluntary transfer of the title to the house without having to petition the court for sale or distribution of the property. If you and your husband are separating and dealing with property distribution it is advisable to contact an attorney to ensure that all documents are legal and binding on the parties. It is often much cheaper to negotiate the distribution than have a judge decide that matter after a lengthy litigation process.