Legal Question in Real Estate Law in North Carolina
In the state of North Carolina, my husband and I bought a house. The deed contains both of our names but it is solely financed in my husband's name. Prior to our marriage and purchase of the house, I have some student loan and tax debt that I am still working on. Can a lien be placed on the house we bought and if so, can I sign a quit claim deed or disclaimer deed to keep that from happening?
Asked on 1/27/15, 9:27 am
1 Answer from Attorneys
Kathie Russell
Russell & Associates
No. In NC, married couples own properties by tenancy by the entireties. This means that a judgment against one spouse will have no affect on the house. No lien can attach unless the underlying claim is against BOTH of you.
Answered on 2/13/15, 6:59 am
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