Quit Claim Deed (more specifics)


#1

The agreement you posted serves only to waive her marital interest in the property for the purpose of conveying the property. It is not a waiver to her rights to division of the asset through equitable distribution. Unless the agreement was expressly intended to be a waiver of her equitable distribution rights it cannot act as one.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Helena, Thank you for your response. I am not trying to try this case on this forum. I am just trying to understand the law and the tact that her attorney is taking. Doesn’t the last 2 sentence:

This conveyance is made pursuant to the provisions of N.C.G.S.


#3

No, the language you described relate only to the conveyance of the property and not to a waiver of her rights in equitable distribution. The asset was a marital asset when you separated. Unless the conveyance specifically waived her rights to the division of this asset in equitable distribution, then this asset is still subject to division. The language you are describing means that this asset is being distributed to you pursuant to an equitable distribution settlement, it does not state that she has waived her rights for that property to be accounted for in equitable distribution.

There are rarely absolutes in court, but in this case there will be one, unfortunately it is not the absolute that you want. The court will consider the value of this asset.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Perhaps I am reading the quitclaim incorrectly, but it would seem that his wife did give up her marital interest in the property with the explicit language of the quit claim. I believe that a normal quit claim does what Helena says, but your quit claim appears to comply with NCGS 50-20(b)(2) since it says “…Any and all common law or statutory marital interest of the Grantor in this real estate is conveyed and terminated…” and "…This conveyance is made pursuant to the provisions of N.C.G.S.


#5

Sorry to beat a dead horse but, I have posted this question before but I would like to be a little more specific.

  1. My wife moved out last year after I caught her having and affair.
  2. She signed the house over to me using a quit claim deed (before she got an attorney).
  3. Refused to sign a separation agreement (after getting an attorney)
  4. First attorney said she still had a