Marital Property

Dear cid55:

Greetings. They should no need her to sign the title since she has signed the quitclaim deed. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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Hoping for a quick answer here. My situation is that the ex and I are separated, working on the year plus a day timeline now. We do not yet have a filed Separation Agreement. But we have taken care of all of our common debt, except for the marital house. She has signed the QCD, and I am the only one on the deed w/ the registrar’s office. But she is still on the primary mortgage. She understands that the SA would negate her responsibility for the primary, yet she’s been dragging her feet on this and everything else really.

So I have tried to get a second mortgage/LOC on the house. The lender is telling me they need her to sign the title, arbitration rider and deed of trust. This sounds to me like they’re trying to make her responsible for this loan. Does anyone know if the implications for those docs makes her responsible for the loan, puts her back on the deed, etc? Does this make sense that the lender should be asking for those docs, or should the QCD suffice?

I thought the QCD would make it so that I could refinance or take out a second mortgage on the property w/o her having to sign anything. Is that true?