Q: Can I remove my name from the deed of a home that I own with my spouse in NC?
My husband and I can't agree on several important issues, including income requirements for our family, and I'm planning to file for divorce, giving up the home to him in the decree. Given the possibility of a lengthy divorce, I'd like to remove my name from the deed before filing so that I can take necessary financial actions without it affecting the home. Is this possible? The home is paid for free and clear and I anticipate he will agree for my name to be removed. Thank you.
A: You can certainly file a quit claim deed releasing you from the property. However, you'd likely be giving up a major source of leverage against him in the divorce if you plan to do this before filing. Also, it seems you are likely still living together in the house. If so, you will not be eligible to file for divorce until you have had a year of physical separation (not residing together in the same house). We have free consultations for divorce you might benefit for talking to us first to see what your options are. Our number is (910) 333-9679.
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