Transfer deed


#1

I am in the midst of a divorce and would like to transfer land to a child. Land was left to me by my father prior to my brief marriage of less than a year. I acquired land prior to marriage. Would my wife need to sign in case of separate property?


#2

Yes, she would need to sign. Even if she has no real interest in the property because it was acquired before the marriage and is completely separate property, NC presumes that since you are married, she has a marital interest in the property so she must sign the deed of conveyance. Either wait until your divorce is final or have her execute a free trader agreement so you can convey the property without her signature.