Ex signed quitclaim deed as instructed in decree


#1

My ex and I just had our divorce/separation finalized and incorporated in the decree. She was required to sign a quitclaim deed on the marital home (a home that she was not on the mortgage on, just the deed). Which she did. Now, during separation she stayed in the marital home and I moved out, based on our written agreement. The final agreement stated that "(husband) will be the sole and absolute owner of the (marital home address) and (wife) will be relieved of all obligation of the (martial home address). She signed the quitclaim deed and I had it submitted to the county deeds office today.

My question is. she stated that she now has 30 days from (the day the new deed was submitted and filed at the deeds office) to move. What are my options? is she trespassing or do I have to follow the eviction laws of NC? I want her out of MY home so I can put it up for sale. what options do I have? I have read everything I can about quitclaim deed and it doesn’t exactly say what happens after the deed is signed and submitted.


#2

Unless your incorporated separation agreement (now a court order) states otherwise, your ex-wife would be in contempt if she is still living in the residence after the deed conveying her interest to you has been recorded. This is because the incorporated separation agreement states that you are to be the sole and absolute owner of the marital residence. Be sure to check the agreement to make sure there is no time allowance or other exceptions for her to move out.

You can file a motion and order for her to appear and show cause in court (i.e. contempt motion).

A quitclaim deed conveys real property interest from one person to another without any assurances or warranties made (common in divorces). Once the deed is recorded, the grantee (you) becomes the rightful owner of the property.