Excise tax for quit claim deed for divorce

I was divorced in 2018. However as part of the separation agreement and division of property, a quit claim deed was signed and notarized, but never submitted to register of deeds. I am completing a new quit claim deed form. What would the excise tax be, or would the transfer be considered exempted due to divorce? here are the exemptions, don’t know which applies 105-228.29. Exemptions.

This Article does not apply to any of the following transfers of an interest in real property:

(1) By operation of law.

(2) By lease for a term of years.

(3) By or pursuant to the provisions of a will.

(4) By intestacy.

(5) By gift.

(6) If no consideration in property or money is due or paid by the transferee to the transferor.

(7) By merger, conversion, or consolidation.

(8) By an instrument securing indebtedness. (1967, c. 986, s. 1; 1999-28, s. 1; 1999-369, s. 5.10(a)-(c).)

Excise tax for quitclaim deeds for conveying property as a result of a separation/divorce is $0.00.

Anna Ayscue

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

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