Mills River, NC asked in Real Estate Law for North Carolina

Q: Ownership of property

Three brothers have ownership of land and a house, 1 brother wants to buy 1 other brothers share, and wants him to do a quick deed. Does the brother need to have both brothers sign the quick deed, showing he agrees with the procedure?

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1 Lawyer Answer
  • Cary, NC
  • Licensed in North Carolina

A: There is no such thing as a "quick" deed. Its called a quitclaim deed.

No all three brothers do not have to sign. The brother who is selling is share (the seller or grantor) conveys his interest in the property to the brother who is buying (the grantee or buyer). The grantee then records the quitclaim deed at the courthouse.

Even if 2 brothers own the land, its not necessarily a good idea unless they can agree. I would suggest that the brothers consult a real estate attorney to prepare a deed. Deeds are not all that expensive and rather than mess things up by trying to save a few dollars, its is better to have the deeds prepared correctly and recorded. Your brother would need a real estate lawyer in the county where the land is located.

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