Distributed the house, but spouse is still on the deed

#1

I was recently distributed the martial home by a judge in Orange County, and will be splitting (mostly) the proceeds post-sale. Do I need to make any changes to the deed, or should I assume that the home sale can be completed without my former’s participation? It was/is a high-conflict divorce, and I would like to list the home soon.

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#2

Since the house was distributed to you, then you can do as you please with the home but your spouse will need to sign a deed conveying his/her interest to you. If the house was distributed to you but required to be sold in the court order, then you do not need worry about deeds because your spouse will be required to cooperate as needed with the sale on the home (in order to be compliant with the court order).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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