Legal Question in Real Estate Law in North Carolina

My wife is concerned that if her name is not on the mortgage then she would not have equal "rights" to the refinanced house with me, her husband. If her name is on the deed is that what really counts so as to assure equal property rights? That the house would be hers if I died. Her name does not need to be on the mortgage... ?


Asked on 8/18/10, 8:29 am

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

The deed is what is important regarding property rights. She will need to sign the deed of trust anyway or else you can't refinance. The promissory note is what she doesn't have to sign if you are the only borrower. In that case, it would mean she is not personally liable for the mortgage.

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Answered on 8/23/10, 8:33 am


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