Posted on: 16th Jun, 2011 09:05 am
my husband purchased a home without me. he stated i was not on the deed, however i did not sign a quit claim deed. we reside in north carolina. is that possible?
Tiffany, I don't know North Carolina real estate law, so suggest that you consult with a real estate attorney to seek the answer to what is possible there.
Having said that, I have no reason to believe that a married person could purchase a home individually, without involving a spouse. That you didn't sign a quit claim deed only means that you didn't have to. You were not an owner to begin with, and a quit claim deed only transfers an ownership interest - if one doesn't exist, you can't transfer anything.
If you can't find a local attorney to answer your query, try the North Carolina Attorney General's office.
Having said that, I have no reason to believe that a married person could purchase a home individually, without involving a spouse. That you didn't sign a quit claim deed only means that you didn't have to. You were not an owner to begin with, and a quit claim deed only transfers an ownership interest - if one doesn't exist, you can't transfer anything.
If you can't find a local attorney to answer your query, try the North Carolina Attorney General's office.
Also, it would depend on if your state is community property state or not. If you are not in a community property state, then you can purchase property without the spouse. Contact a professional who knows your state laws to be certain.
I just noticed in my most recent post a missing word that completely changes the context of my commentary.
Where it says, "I have no reason to believe that a married person could purchase a home individually, without involving a spouse," it should read as follows:
"I have no reason NOT to believe that a married person could purchase a home individually, without involving a spouse."
Nevertheless, please go get a legal opinion to be certain of your rights.
Where it says, "I have no reason to believe that a married person could purchase a home individually, without involving a spouse," it should read as follows:
"I have no reason NOT to believe that a married person could purchase a home individually, without involving a spouse."
Nevertheless, please go get a legal opinion to be certain of your rights.
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