Legal Question in Real Estate Law in North Carolina

How to get a quit claim deed from a separated spouse who will not cooperate?


Asked on 10/25/13, 5:13 pm

1 Answer from Attorneys

Need a lot more facts here. Obviously, if the spouse's name is on it then it is jointly owned. I assume it is marital property that was acquired during the marriage. The only option that you have is for you to buy out the other's share of equity in the home if there is any or agree to sell the home and split the equity.

My advice would be if you are separated to go and consult a family law attorney regarding your divorce and separation.

If you are not interested in a divorce and the only issue is the real property then you should talk to a real estate litigation attorney. If your spouse will not buy out your share and you cannot buy out your spouse then talk to the attorney about a partition action.

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Answered on 10/25/13, 10:13 pm


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