Removing spouse from deed before divorce papers are signed


#1

My spouse and I have been separated for 1 yr and 5 months. In our separation agreement she agreed to let me have the house and I paid her bills for 14 months with half of the equity that was available in the home. So while I’m saving up the money to be able to file divorce papers is there anyway to remove her name from the deed of the house before I get divorce papers filed?


#2

Yes, your wife can sign a quitclaim or special warranty deed, as specified in your separation agreement (this will need to be drafted by an attorney), and the signed deed will need to be recorded at the Register of Deeds office.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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