Legal Question in Real Estate Law in North Carolina

Which Quit Claim Form Do I Use?

My husband and I are separated. My name is on the mortgage. Both our names are on the Deed which is required in NC if you are married when you purchase property. There are numerous quit claim forms available for North Carolina. Specifically, which quit claim form do I need to have him sign off on so that I may sell the house? He has moved out and is living in an apartment and will not have any interest in the house. We have only lived there for a year and do not stand to profit from the sell of the property.

Thanks!


Asked on 3/30/06, 2:05 pm

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

Re: Which Quit Claim Form Do I Use?

Best advice on this one is to ask a real estate attorney to prepare the required documents or just sell the house and have your husband sign the deed to the Buyers at closing. Quitclaim deed by itself may not work - it would need to contain certain recitals and you may also need a recorded separation agreement.

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Answered on 3/30/06, 2:27 pm


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