Special Deed Transfer


#1

What is the correct verbiage for one spouse to transfer their interest in the marital property to another?


#2

Is the following the statement made in seperation papers concerning the posted questions?
25. Transfers of Property Incident to Divorce. The parties agree (i) that the transfer of property hereunder is related to the divorce; (ii) that the transfer of property hereunder is a transfer incident to divorce and is related to the cessation of the marriage; (iii) that the intent and purpose of this Agreement is for the transfer of property hereunder to be tax free pursuant to Section 1041 of the Internal Revenue Code and the applicable provisions of North Carolina law and for no gain or loss to be recognized by either party as a result of such transfer; and (iv) that they will file a formal election if necessary or otherwise take such actions as may be required by applicable provisions of the state or federal income tax law and regulations to give full force and effect to their aforesaid intent and purpose.


#3

The provision you have pasted is one of many of the standard waivers that should be included in a separation agreement. Your post title suggests to me that you are suggesting this language is effective to transfer title to land. It is not. A deed to transfer real property is a separate document which is normally prepared by an attorney and must be recorded at the register of deeds office.