North Carolina General Warranty Deed from Husband and Wife to a Trust
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How to fill out North Carolina General Warranty Deed From Husband And Wife To A Trust?
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FAQ
A Deed of Trust is a type of secured real-estate transaction that some states use instead of mortgages.A deed of trust involves three parties: a lender, a borrower, and a trustee. The lender gives the borrower money. In exchange, the borrower gives the lender one or more promissory notes.
In divorces, states have two options for dividing property: community property division (where marital property belongs to both spouses equally, regardless of who bought it) or equitable division (where the court divides marital property equitably (justly.) North Carolina is not a community property state.
The names on the mortgage show who's responsible for paying back the loan, while the title shows who owns the property. You can put your spouse on the title without putting them on the mortgage; this would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.
California married couples generally have three options to take title to their community (vs separate) property real estate: community property, joint tenancy or Community Property with Right of Survivorship. The latter coming into play in California July of 2001.
In North Carolina, a deed of trust or mortgage acts as a conveyance of the real estate.Under a deed of trust, the borrower (called the "grantor") conveys legal title to the real estate to a third party (called the "trustee") to hold for the benefit of the lender (called the "beneficiary") until the loan is repaid.
It's often easier to qualify for a joint mortgage, because both spouses can contribute income and assets to the application. However, if one spouse can qualify for a mortgage based on his own income and credit, the mortgage does not need to be in both spouses' names unless you live in a community property state.
In cases where a couple shares a home but only one spouse's name is on it, the home will not automatically pass to the surviving pass, if his or her name is not on the title.
A married person buying property individually The owner needs to sign, but their spouse may not be required to sign documents at closing. North Carolina has a specific statute allowing a married buyer of real estate to sign their purchase-money Deed of Trust without requiring the signature of the buyer's spouse.
In California, all property bought during the marriage with income that was earned during the marriage is deemed "community property." The law implies that both spouses own this property equally, regardless of which name is on the title deed.