Legal Question in Real Estate Law in North Carolina
when a couple divorces, and the property is not mentioned in the divorce agreement, can a ex-spouse quit claim 50% of the property to someone else without the other spouse's signature and approval?
Asked on 11/04/12, 5:43 am
1 Answer from Attorneys
Kenneth Love
Ken Love Law
Yes they can. In North Carolina when a married couple owns a home, they can only deal with it together, not seperately.
The divorce agreement and/or an equitable distribution action that needs to be filed, needs to deal with the property. Once a divorce is final and the equitable distribution action has not been filed/ sought and the divorce decree does not deal with the property, then the married couple have legally become joint tenants. In that case, both parties own separate halves of the home and one spouse can legally convey their half.
Answered on 12/07/12, 3:14 am
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