Legal Question in Real Estate Law in North Carolina

I am in the process of refinancing my home to become sole owner. My wife and I are currently seperated but have not started any legal action. I have several questions:

1. Will a quit claim deed be surfice for her to sign over her rights to the home or do we have to be divorsed?

2. Does she have to sign the marital documentation at the closing?

3. Is North Carolina a Marital State?


Asked on 1/09/12, 1:20 pm

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

Your wife will need to sign a deed over to you relinquishing any marital rights in the property. Obviously this would be up to her and she would need to instruct an attorney to prepare it. The deed must contain certain language in it for you to be able to refinance without requiring her signature on any of the loan documents.

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Answered on 1/09/12, 1:41 pm


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