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Unlike most other states, North Carolina allows co-owners, called joint tenants, to own unequal shares. Tenancy by the entirety. This form of joint ownership is like joint tenancy, but it is allowed only for married couples in North Carolina. In North Carolina, tenancy by the entirety is allowed for real estate only.
If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
A North Carolina quit claim deed is a legal form used to convey real estate in North Carolina from one person to another. A quitclaim, unlike a warranty deed, does not come with a guarantee from the seller, or grantor, as to whether the grantor has clear title to the property or has the authority to sell the property.
Things You Should Know Go to the county recorders office and get a quitclaim form. Fill out the form and sign it before a notary to make the transfer legal. Go back to your county recorders office to get the deed recorded so it becomes part of the official property record.
What does a quitclaim deed do? A quitclaim deed transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property.
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Thus, in order to extinguish these marital interests during the sale of real property, the deed conveying the real property must include the signatures of both spouses. The bottom line is that in North Carolina, both spouses must sign a deed to sell or transfer real property!
Recording and Document Fees Document TypeFee DetailsAmendment to Deed of Trust$26 first 15 pages $4 each additional pageAll other Documents / Instruments / Assumed Name (DBA)$26 first 15 pages $4 each additional pageAdditional Deed of Trust references on assignmentsFree first reference $10 each additional reference3 more rows
Joint tenancy is a form of co-ownership in which two or more persons, often husband and wife, own property in equal individual interests. Right of survivorship is the key feature of a joint tenancy.
Thus, in order to extinguish these marital interests during the sale of real property, the deed conveying the real property must include the signatures of both spouses. The bottom line is that in North Carolina, both spouses must sign a deed to sell or transfer real property!
The third way property can be jointly held in North Carolina is a joint tenancy with right of survivorship. This type of ownership is very similar to a tenancy in common, with one crucial differencethe right of survivorship.

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