Legal Question in Real Estate Law in North Carolina

How do I remove my name from the deed. My husband is the only one on the loan.

Thanks


Asked on 3/27/12, 9:21 am

1 Answer from Attorneys

Deeds and mortgages (called deeds of trust) are 2 different things. Being on the mortgage doesn't affect ownership of the property.

If you are not on the mortgage, then you are not liable for the mortgage debt in any way. So why are you trying to get your name off of the deed?

It can be done simply and relatively inexpensively. A lawyer prepares what is called a "quitclaim" deed conveying ownership of the land from you and your spouse to just your spouse. Again, I am not sure why this needs to be done or what you are trying to accomplish and without knowledge of the circumstances, my advice would be to tell you not to do this.

If you and your husband are divorcing, that's a different issue; however, removal of your name would be done in the context of the divorce and equitable distribution settlement.

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Answered on 3/28/12, 11:27 am


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