Is a quit claim deed needed to refinance sole property?


#1

I am going through a divorce and we do not have a valid separation agreement. My husband has filed as the plaintiff. I own a single family home in North Carolina that I owned long before the marriage. My husband is on neither title or mortgage and this house was never considered the marital home (it has been a rental property for years, and the rental income went to a separate account where I was the sole account owner. I am trying to refinance this home to a lower interest rate. Will I need any kind of quit claim deed from my husband or any kind of signature? (he is not on the title or current mortgage).

My gut instinct would be ‘no’ but I bought a new house in NC last year (different house), post separation and my husband had to sign a quit claim deed for that one to allow me to title it (when the sale/deed was recorded). Apparently the state of NC if you are married and trying to title real estate as the sole owner you still need a quit claim deed from a spouse? But that was for a new purchase - I did not know if the same held true in the case of a refinance where I was the sole owner already. (and sole mortgage holder)

Thank you.


#2

You do not need to have your husband sign a quit claim deed in order to refinance this property. If it was purchased before marriage and was only titled in your name, your husband actually has no rights in the property, so having him sign a quit claim deed would in effect do nothing.