Legal Question in Real Estate Law in North Carolina

House deeded to wife

My son and his girlfriend lived together for 2 years. They bought a house together, but his name is not on the deed. They married, he contributed to the payment of the house and the upkeep. They got a 2nd mortgage together, in both names. They have since separated, the house is for sale and they have a buyer. Does he any claim to the proceeds? Does he have to sign any closing papers to close the house? Does he have any right to any of the proceeds?


Asked on 7/01/07, 7:30 pm

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

Re: House deeded to wife

Your son needs to consult a domestic attorney. From a real estate perspective, if he is not on the deed and they get divorced, the property can be sold without his signature. If they are separated but not divorced, he would generally need to sign the deed in order to convey title to new Buyers.

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Answered on 7/01/07, 9:55 pm


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