Legal Question in Real Estate Law in North Carolina
My ex-wife of three years is still on the house deed. The separation agreement from 5 years ago allowed me to stay in the house as long as I refinanced within 6 months of the divorce. The problem is I can't refinance without her signing a quit claim deed. She refuses to unless I give her money in an amount that changes every time we discuss it. Can I file a suit to remove her from the deed? She hasn't contributed to the household payments for 6 years.
1 Answer from Attorneys
No you cannot remove her and she does not have to sign a quitclaim deed at this point unless you buy out her share. You would have to figure out what the house is worth and her share of the property minus your contributions from the date on which you were divorced.
You should never have let this go on like this. Talk to your family law attorney and if you do not have one then find one.
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