Asked in Family Law, Foreclosure and Real Estate Law for North Carolina

Q: Do I have recourse on getting a deed?

My house sold at public auction (foreclosure) yesterday, Sept 5th. The deed is in my wife's name and she abandoned the property about six months ago exclaiming that she wanted nothing else to do with the house and that I could have it as I am still in the house and don't want to loose it. This was new to us, neither one ever having been through this. My brother will give me the money to pay it off but will not do so unless my wife signs a document that she will deed the house over to me.

What recourse do I have to obtaining the deed if she refuses to give it to me?

We are not legally separated nor have filed any paperwork on that matter.

Is there anything at all that I can do as I'm 79 years old and simply do not want to loose my house that we've worked so hard to pay off to have something to fall back on as well as setting up a trust for our grandsons education.

Someone please help.

Thanks

1 Lawyer Answer

Amanda Bowden Houser

Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: If the house sold at public auction then likely the deed is no longer in your wife's name and the only way you will get that house back is to negotiate a purchase from the current owner. As to being legally separated - in NC there is no such thing as legally separated. You are simply either separated or you are not. So if you and you wife do not live together and at least one of you has the intention not to resume the marital relationship - you are as 'legally separated' as you ever will be.

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