Amending Divorce Decree - Sale of Property

North Carolina Divorce Law Divorce and Separation Answers
1

Hello,

I am looking for help on amending a final decree of divorce. My divorce was finalized last November, with the final decree stating that we would put the house on the market, sell it and divide any proceeds. Since then, both the ex and I have determined that this will not be in our best financial interest and would like to amend the divorce decree to remove that requirement and re-finance the home to reduce the mortgage and turn it into a rental property. We are both in agreement with this plan but I do not know how to go about doing so. The title company will not process the title without the divorce decree modification since I am applying for the refinance as a single individual instead of as married.

Are there specific forms that I could obtain to complete this> What are the steps that I need to take (notarization, filing with the county clerks office, etc.)? Should I have the modified agreement drawn up by a attorney?

Thank you in advance for your assistance

2

You need to have an amended Decree drafted as a Consent Order and submit the same to the judge for entry.

3

OK, thank you for the response.
Where would I go to have a amended Decree drafted as a Consent Order? I dont have a lot of money to spend on this, so any low-cost resource suggestions would be appreciated

Thank you,

4

You should have an attorney draft an Amended Order for you, many attorneys charge by the hour, and would be able to give you an estimate of how much time they would spend drafting the order at your initial meeting.

5

Thank you again for your fast response. I have also seen it mentioned that I could do a “Quit Caim Deed” for the property with a amount of $0.00 cents which would remove her rights to the property. She is not listed on the loan but is listed on the title. She has no interest in being listed on either and is willing to sign everything over to me as far as title of the house is concerned. Does this sound correct?

Regards,

6

Yes, she may release her ownership rights in the home via a Quitclaim deed. The same will need to be properly recorded with the Register of Deeds once she has executed the same before a notary public.