Q&A

Can I buy a house without my spouse in NC?

Can I buy a house without my spouse in NC?

In North Carolina, the rule of thumb for married couples is that one spouse may purchase real property, but both spouses must sign the deed to sell property. If a married person can buy property in cash, with no deed of trust required, then he/she can buy the property without his/her spouse signing anything.

What happens to the house in a divorce in NC?

In North Carolina, “marital property” can be divided between the parties, while “separate property” is not divided. In general, assets or debts either spouse had before the marriage are “separate property” belonging to that spouse, and will not be divided.

Can a married couple purchase real estate in NC?

In North Carolina, the rule of thumb for married couples is that one spouse may purchase real property, but both spouses must sign the deed to sell property. Although this is a helpful memory tool, it isn’t completely true in every situation.

Can you throw your spouse out of Your House in NC?

In North Carolina you can’t just throw your spouse out of the house because you want to be separated. This even applies if you owned the house before the marriage and only your name is on the Deed. You also cannot simply change the locks when they go to work one day.

Can You evict your spouse in North Carolina?

In North Carolina it is actually a criminal offense to return to a marital home if you have voluntarily left and are not invited to return. This applies even if you are still on the Deed to the house!

Can a married person sell a property in South Carolina?

In South Carolina, there are no marital rights that may remain attached to property like in North Carolina. Therefore, if only one spouse is on title, then that spouse may sell the property without the other spouse signing the deed. Similarly, if only one spouse is going to be on the deed then the other spouse is not required to sign the mortgage.

Can a spouse own real estate in North Carolina?

Below is a list of common scenarios our office encounters in transactions involving North Carolina real estate, and the general requirements for each circumstance: Both spouses owning property – Both parties must sign documents in purchase, sale, or refinance transactions.

In North Carolina you can’t just throw your spouse out of the house because you want to be separated. This even applies if you owned the house before the marriage and only your name is on the Deed. You also cannot simply change the locks when they go to work one day.

What happens to intestate property in North Carolina?

In North Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants — children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property.

What happens to a spouse’s share in North Carolina?

The Spouse’s Share in North Carolina. In North Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants — children, grandchildren, or great-grandchildren.