This is a common question we hear from parties in real estate transactions, and the answer is the same regardless of whether the spouse's name is on title to the property. Put simply - yes, seller's spouse almost always must sign.
The requirement is actually codified in a North Carolina statute, N.C.G.S. 39-7, which provides "...every conveyance or other instrument affecting the estate, right or title of any married person in lands, tenements or hereditaments must be executed by such husband or wife, and due proof or acknowledgment thereof must be made and certified as provided by law." The reason for the requirement lies with the interest a spouse can gain in property even if the property is only in the name of the other spouse. These interests, which will be discussed in more detail in a later blog post, include inheritance rights and marital property interests. Thus, having the spouse sign is important to ensure a buyer obtains good title to the property.
Notably, there are exceptions to the spousal signature requirement, with the most often utilized being a spousal waiver of marital and inheritance interest in the property through a marital property agreement or deed between spouses. Importantly, a simple quitclaim deed between spouses, without carefully drafted legal language, is not effective to waive these interests.
Should you have questions about whether your spouse must execute a deed or other property instrument, or the steps necessary for a valid spousal waiver of marital and inheritance interest, you should consult an attorney. You can find out more information about our office, Cody Law Group, here.
Comentários