Can a title in NC be cleared without the new husbands signature on a quit claim deed?

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Can a title in NC be cleared without the new husbands signature on a quit claim deed?

20 years ago the divorce decree included the directions for my exwife to provide me with a quit claim deed to our property in North Carolina. I’m selling the property now and while she has signed a Quit Claim Deed her new husband refuses to do so. They live in the state of Virginia. Can I clear the title with just her Quit Claim Deed or do I need to get the new husband to also sign, since NC is a joint property state? He’s refusing to sign as he feels he should be paid for his signature. If I can clear it with just her signature how do I go about doing it?

Asked on May 28, 2009 under Real Estate Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Huh? 20 years ago you got a divorce decree when you both owned the home, and she quit claimed it when to you? Why do you need husband's signature? If she didn't quit claim it to you, how did the husband get on title? It doesn't make sense and something is missing.  If he is playing games (and he wasn't part of the divorce decree so he has no standing to say he should be paid), take her to court in contempt.  If that doesn't help, sue him and her.

Try www.attorneypages.com and check out a divorce attorney.  Check out his or her record at the Georgia State Bar.


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