Quit Claim Deed

North Carolina Divorce Law Divorce and Separation Answers
1

My husband and I separated a few years ago, at which time he signed a quit claim deed giving me sole rights to the property and he receiving 1/2 the equity in the house, which was paid in full to him. My husband and I have not divorced and I have a couple of questions regarding the quit claim deed:

  1. I am trying to refinance the house (that is currently in my name only, both mortgage and title) and am being told that my separation agreement has to be filed with the courts in order for the title company to accept my name only on the deed. A quit claim deed is on file with the county already, why would the separation agreement need to be filed? I do not want that as public record.
  2. If my husband and I reconcile, does he have any rights to the propery since he signed the quit claim deed and is no longer on the mortgage or deed to the house?

Thank you for your assistance.

2

  1. Even if he signed a quitclaim deed, since you are still married, he may have a marital interest in the property. I say “may” because you know the separation agreement is in place, but the title to the property doesn’t reflect that. You do not have to have the entire separation agreement recorded. Usually a document called a memorandum of separation agreement is sufficient for this purpose.

  2. If you reconcile, and start paying for the property with marital funds again, you may convert a portion of the residence back to marital property.