Quit Claim & Filing Separation Papers

You can complete an amended property settlement agreement, so that he is waiving his rights to the property. You do not have to file this document with the court.

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


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I have 2 questions and I thank you in advance for any responses to these questions.

  1. I have made an offer to pay husband a fair amount for his share of the equity in our home. If he agrees, what forms need to be completed? It is my understanding that he can sign a Quit Claim Deed with provisions that I will pay him within a certain number of days and will refinance to remove his name from the mortgage, also within a specified number of days. Is this correct and if not, please advise as to what needs to be done to legally complete this transaction.

  2. We have completed our property settlement agreement, with dcoumentation that we have not yet resolved the disposition of the house, and our separation agreement. This document has been signed and notarized. Does it need to be filed with the court system?

Thanks again for your help.