Legal Question in Real Estate Law in North Carolina

Re: quit deed

If your current husband gave up his interest to the property at the time of his divorce, then he likely did so by way of a quitclaim deed which he would've executed before he married you.

Therefore, you could not be legally connected to this property in any way. (The fact that your current husband is still on the mortgage is completely irrelevant as to you.)

Nevertheless, I see nothing wrong or risky with your signing the proffered quitclaim and returning it to your husband's former spouse if it might make her feel better.(You would be merely conveying whatever interest you may now have in this property which would appear to be 0.)

Re: quit deed

It is possible that even though your husband gave up the rights to the house in some kind of settlement, he never executed a proper deed. If that is the case, then the ex-wife is correct because if your husband still owns part of the property, under NC law, you have certain rights to it if your husband died. Therefore, you are just waiving your interests to these rights by signing the deed. If you are concerned about signing documents that they give you, you would need to take it to someone to ascertain exactly what it is. In other words, you need to know what you are signing before you sign it. If it is a deed to the property that your husband and ex-wife owned, then I don't see an issue with signing it.

- Jeff