This form is a Special Warranty Deed where the grantors are husband and wife and the grantee is an individual. Grantors convey and specially warrant the described property to the grantee. The grantors only warrant and will defend the property only as to claims of persons claiming by, through or under grantors, but not otherwise. This deed complies with all state statutory laws.
Charlotte North Carolina Special Warranty Deed - Husband and Wife to Individual
Category:
State:
North Carolina
City:
Charlotte
Control #:
NC-022-78
Format:
Word;
Rich Text
Instant download
Description
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How to fill out North Carolina Special Warranty Deed - Husband And Wife To Individual?
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FAQ
N.C. Gen. Stat. § 39-16.3 governs tenancy by the entirety property ownership in North Carolina and states that if a married couple acquires real property and both parties are identified on the deed, the married couple will own the property as tenants by the entirety unless the deed states something to the contrary.
(b) A married person may bargain, sell, lease, mortgage, transfer and convey any of his or her separate real estate without joinder or other waiver by his or her spouse if such spouse is incompetent and a guardian or trustee has been appointed as provided by the laws of North Carolina, and if the appropriate instrument
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.
The short answer is ?yes,? it is possible for a married couple to apply for a mortgage under only one of their names.
Married couples buying a house ? or refinancing their current home ? do not have to include both spouses on the mortgage. In fact, sometimes having both spouses on a home loan application causes mortgage problems. For example, one spouse's low credit score could make it harder to qualify or raise your interest rate.
Yes. In the State of North Carolina, the joinder of a spouse is required to pass clear title. The exception to this rule would be if there is a free trader or pre nuptial agreement.
The majority of states, including North Carolina, follow the common law property system. Under the common law system, each spouse solely owns and controls any property he or she acquires during the marriage and titles in their name.
If the wife's name is not on the deed, it doesn't matter. It's 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.