Property/Inheritance Division


#1

Dear JJones,

If your brother and his wife live in North Carolina, and are living in separate homes, they were legally separated once they began living in separate places. However, since they are still married, his wife’s signature will be required on the deed. It sounds like your brother needs to talk to a lawyer about having a separation agreement and property settlement drawn up.

I hope they are able to work things out for your sister. Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

I have a question about a family inheritance problem. I’m confused about what is considered separate properties when dealing with division of marital properties. My Brother has recently serparate from his Wife (not an legal separation). Our Mother died eighteen months ago without leaving a will. She left a modular home and lot to us. My Sister is in the process of finalizing a loan to purchase the home. The problem is my Brother’s wife will not sign the transfer of deed documents. This will stop the loan process. Is my Brother’s Wife signature required?

                              Thanks for your help, JJ