Separated Property Rights


#1

I have been separated from my wife now for over 4 years and live in another state. She currently wants to refinance the house and get money to pay off some bills but to do this she wants me to take my name off the house and sign it over to her. If I do this before we are divorced am I signing away my rights to the house and the share of the house before I left?


#2

The signing the deed, you would be giving your wife the full value of the equity for nothing in return. Presumably some of the equity is marital property to which you are entitled to 50% of.

You should not sign the deed to the house until you have either a separation agreement addressing equitable distribution or an equitable distribution court order. With one of these documents, which resolves all issues of marital property, then you can sign the deed to the house and your wife can refinance the house prior to an absolute divorce being entered.


Anna Ayscue

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

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