I had an attorney draft a quit claim deed, so I can remove my name from the deed on our home. It’s drafted such that it requires a signature from both myself and my stbx. I thought I was the only one who had to sign since he is keeping the home and I will be purchasing a new one.
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Typically the only the party conveying their interest to the other will sign a quitclaim deed but there is nothing wrong with the deed if both parties sign.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
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Thank you! Follow-up question - does the QC deed need to include language regarding the transfer of the deed due to divorce? Relatedly, should it also include language regarding excise tax?
Quitclaim deeds have language which states the Grantor is releasing any and all marital rights or interests in the property which the Grantor spouse might have.
A quitclaim deed also has a line about excise tax but it is $0.00 for a quitclaim deed.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
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