In NC one spouse can buy a house, but both parties have to sign the deed to transfer ownership to a new buyer.
ACCORDING TO THE NC REAL ESTATE COMMISSION:
“when you sell property, everyone on the deed must sign the deed to transfer title, in the case of properties that you owned before you married, North Carolina law still requires your current spouse to sign the deed to relinquish any martial interest they may have acquired by becoming your spouse. This is because spouses have the right to claim an elective share if they survive their spouse, which is a legal benefit of marriage. Although “a new spouse” will not have title to these properties, to extinguish these marital interest during the sale, the deed conveying the real property must include the signatures of both spouses. It is commonly said that it takes one to buy, but two to sell in North Carolina.”
HERE ARE SOME QUICK FACTS AND A Q&A ABOUT PROPERTY RIGHTS IN NC:
- I bought the property before I was married
Both husband and wife must sign the deed to transfer the title
- I am not on the loan
Both husband and wife must sign the deed to transfer the title
- I inherited the property
Spouses of ANYONE who inherited the property must sign the deed to transfer the title.
Know your rights and your obligations, and call and attorney. I can suggest a few good ones.
