Legal Question in Landlord & Tenant Law in North Carolina

If my husbands name is not on the mortgage or deed to my house but has not signed a quit claim deed can I legally have him removed from the property.


Asked on 3/12/12, 10:27 am

1 Answer from Attorneys

If he is not on the deed, then how can you have him removed from the property? He is not on there to begin with.

What are you trying to do? Even though your husband is not on the deed, he may have inchoate marital rights and if you are trying to transfer the property, you may need him to sign any deed of conveyance or possibly a quitclaim deed conveying any interest that he might have to you, which you will then have to record.

If I understood what you were doing, I would be able to give a more specific answer. My advice would be to contact a real estate lawyer and advise what you are trying to do and get a cost for preparation of a quitclaim or other deed. Its not all that expensive but the deed should be prepared by a lawyer.

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Answered on 3/12/12, 11:33 am


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