Chapel Hill, TN asked in Divorce and Real Estate Law for North Carolina

Q: I divorced my ex-husband about a year ago in Tennessee. He owned a home in North Carolina at the time of our divorce.

My lawyer put in the divorce paperwork that he needed to give me a quit claim deed for this property. My ex told me I don't have to sign a quit claim deed because my claim to the property only existed while we were married. Is that true? Should I sign one anyway since my lawyer included that in the divorce agreement? Thanks in advance.

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1 Lawyer Answer
Amanda Bowden Johnson
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  • Jacksonville, NC
  • Licensed in North Carolina

A: Assuming you mean you want to sign a quit claim deed to him - why bother with the time and expense of doing that? If he wants or needs one - he will ask you. If you divorced in North Carolina and if the property was only in his name and you made no claim for the property then yes, very likely any marital right or claim you may have had to the property no longer exists. However, if as you say you divorced in TN, the law may be different there. You would need to ask a TN attorney. If you still have some sort of marital claim to the property you can bet he will likely be happy to pay for the quit claim deed.

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