Legal Question in Real Estate Law in North Carolina

My ex-girlfriend and I have mortgages on two properties in North Carolina. She was unwilling to divide up the properties. She has since married and her husband is working for a non-military contractor in iraq. Do I need his signature on a quitclam deed if she is willing to sign and only her and my names are on the deeds and mortgages? Can I get a petition to partition if he is unwilling to come back to NC for court or cannot be served papers?


Asked on 3/29/11, 6:46 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Yes you would need his signature on a quitclaim deed (or he could sign a power of attorney for his wife to sign on his behalf). Otherwise consult a real estate lawyer if you were thinking of bringing a partition action.

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Answered on 3/30/11, 5:19 am


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