Legal Question in Wills and Trusts in North Carolina

I am remarried for the 2nd time. I alone own a home in NC and want to sell it. My current husband would like to understand more about the law that it takes 1 person to buy a home but 2 to sell it. He would like to know why he is required to sign my Disclosure statement, and the Right to sell listing agreement. We currently live in our home in another state which he alone owns.


Asked on 2/07/13, 5:58 pm

1 Answer from Attorneys
Rachel Hunter

I can answer. It has to do with inchoate marital rights. If you died, your husband would be able to inherit the home through NC laws relating to intestacy and an elective share. If he did not sell the deed, you sold the land and later died, he could possibly come back and claim his marital rights. To prevent that from happening, a good real estate lawyer here will require both you and he to sign if you convey any real property that either one of you owns solely in North Carolina..

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Answered on 2/08/13, 11:05 pm


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