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quit claim for deceased spouse

Posted on: 28th Sep, 2011 08:52 am
My husband died in 2003 and I am in the process of trying to get an equity loan on my house. The house has been paid off but both of our names are on the original deed. I live in North Carolina. Since my name is on the original deed and he is deceased, am I legally the sole owner?
Hi jkl,

You will have to file an affidavit of heirship at the county recorder' office and get the property transferred in your name. This will help you become the sole owner of the property.

Thanks
Posted on: 28th Sep, 2011 07:30 pm
Hello jkl?


If they can prove that you quit claimed it just to move it out of reach of creditors, yes. That comes dangerously close to defrauding a secured creditor, especially if they had a lien in place already.

If you had a legitimate reason to quit-claim it, you may be able to make an argument.

:idea:
Posted on: 28th Sep, 2011 08:55 pm
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