Wednesday, March 11, 2009

Why Does My Spouse Have to Sign the Deed?

Sometimes, when we're handling a real estate closing, a seller wants to know why their spouse has to sign the new deed if the spouse was never on the original deed.
In North Carolina, when a man and woman become husband and wife, the law gives them some automatic rights in each other's property. One of those is the right receive a share in a deceased spouse's estate. This means that, ordinarily, your spouse can't entirely write you out of the will. Sometimes this right can be overridden by a properly done prenuptial agreement or separation documents, but it stays put otherwise.
The spousal right in property happens automatically as soon as you marry, and cannot be taken away by the other spouse just by deeding the property away. For instance, if only a husband signs a deed over to someone and then dies, his wife could still be a partial owner of the property along with the person the husband deeded to. On the other hand, if the wife also signs the deed, then she voluntarily gives up any rights she has in the property.
Any time an attorney is conducting a real estate closing, that attorney will need to have both the husband and wife sign the deed unless a valid pre-nuptial agreement, separation agreement, or other document showing the other spouse no longer has rights in the property is presented. Even then, some lenders tend to be overly cautious and still will insist that both spouses sign.
This answer does not cover all the issues that may come up about spousal rights in property. If you have other questions or comments, please post.

7 comments:

Anonymous said...

if there is a prenup agreement and both husband and wife sign deed for home when one spouse dies what happens

The Arrow said...

If the deed has already been signed and delivered to the purchaser, the death of husband or wife afterwards will not make a difference.

Anonymous said...

there was a prenup and then after marriage we bought a house with both our names----in NC doesn't the property go to the surviving spouse regardless of the will?

The Arrow said...

The prenup might have language that could override the usual survivorship provisions of a tenancy-by-the-entirety. You might want to have an attorney in your area read its provisions and advise you.

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Big0Gus1935 said...

My woman friend,partner,an lover have lived together for over 8 years.She had a stroke,an doesn't recogonize any one,who has the right to sign her checks,to pay her bills.Note she has 2 neices,who have taken her mail.an trying to keep me out of her life.My woman is my life,my love,my partner in life

Anonymous said...

My husand & his brother had joint property, his brother got him to sign over his half, but the lawyer neglected to get me (his wife to sign the deed) ,Now years later they found out and want me to sign my rights away, what claim , if any do I have to the property?