NC Divorce and Deeds - Posted by Bryan (NC)

Posted by Tarheel T on August 30, 2004 at 11:31:31:

Dave, all that I know is that here in NC a spouse MUST sign off on any re sale. It does not matter when or how the other spouse acquired or was left the re. Or when that acquisition occured. Or whose name the re is in.

Please post this question on the legal board and maybe someone can site a statute, or confirm what I am saying.

NC Divorce and Deeds - Posted by Bryan (NC)

Posted by Bryan (NC) on August 27, 2004 at 11:04:49:

I know this is a question for my attorney, but I can’t get hold of her until Monday.

In NC if the deed is in the name of only one of a married couple, do both people have to sign off on any transfer of the property? This would be prior to any divorce judgement.

Re: NC Divorce and Deeds - Posted by luke-NC

Posted by luke-NC on August 27, 2004 at 15:34:45:

yes, in NC they do…most definitely

Re: NC Divorce and Deeds - Posted by Tarheel T

Posted by Tarheel T on August 27, 2004 at 14:05:39:

Yes both husband and wife must sign even if only one of the two is on the deed.

TT from NC

Re: NC Divorce and Deeds - Posted by Dave T

Posted by Dave T on August 28, 2004 at 11:56:53:

Is this peculiar to NC? If there is no joint tenancy created because only one person is the titled owner, why does the non-titled spouse have to cooperate in the property transfer?

I would agree whole-heartedly with your response if there was a joint tenancy, but when no joint tenancy has been created…

North Carolina is not a community property state, so separate property is still separate property in NC…right?

Re: NC Divorce and Deeds - Posted by Tarheel T

Posted by Tarheel T on August 28, 2004 at 16:55:00:

A spouse of a property owner in NC is considered to have an ownership interest in any property that the other spouse owns regardless of when the property was purchased or whose name is or isn’t on the deed.

Is this only a NC thing? I do not know.

Re: NC Divorce and Deeds - Posted by Dave T

Posted by Dave T on August 29, 2004 at 21:41:08:

“Regardless of when the property was purchased”???

I can’t believe that the NC divorce laws regarding equitable distribution of property define property owned prior to a marriage as marital property. I suspect that the marital property rule you allude only applies to property acquired during the marriage.

I bet it also excludes inherited property and gifts from a third party. Perhaps the first question to ask is whether the property was acquired during the marriage or before. On the other hand, if the other spouse is willing to cooperate in the property transfer then the question is moot.