Question about quitclaim


#1

Recently, we had a judge finalize everything in our agreement that we had incorporated into our divorce. The section regarding the martial home was given to me, full and outright. (Her name was never on mortgage, just the deed). The term used is “husband is to receive home as sole and absolute owner and wife gives up her rights as
owner of the property…” and she is required to sign a quit claim deed within 10 days of being entered and if she doesn’t, the signed agreement acts as a transfer title.

My question is 2 parts: once the quitclaim deed is signed, how long does she have to move out? Second part is: if she refuses to sign the quitclaim deed, does the agreement act as her signature and can I just submit that to the deeds office to have a new
deed drawn up?


#2

If your divorce has already been granted, then both of you should have already been living separate and apart due to the one year separation requirement in North Carolina. If the agreement says she is to sign a quitclaim deed within 10 days, then she should have her things out of the house prior to that deadline. Otherwise refer to the section in your agreement about the division of personal property.

The register of deeds in your county must have a signed deed in order to transfer title, not a separation agreement. If she is refusing to sign the deed, since your agreement states that she has 10 days to do so and it was incorporated into the divorce judgment, then she would be in contempt for not signing the deed.