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smmiller761 · Joined: 27 Nov 2009 Posts: 1 1.31 Dollars($)

divorced for 6 years but xspouse and my name still listed on deed. divorce decree gives my complete ownership. North Carolina. Does the quit claim deed need to show my name and xspouse as 1st party or do I need to show the xspouse as 1st party and me as second party

raymond · Posted: Sun Nov 29, 2009 9:52 am Post subject:

Is there a mortgage on the property in both your names also? If there is, if I were your husband, I wouldn't sign a Quit Claim, because he'd have 50% of the legal responsibility to pay the Note, but absolutely no interest in the property. That'd put him in a very bad position. The only way to do it properly is for you to refinance the house into your own name. That'd relieve him of all responsibility, and does as the divorce decree says - gives you complete ownership.

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thanks raymond. his name is not on the mortgage only my name. The divorce decree does specifically give me 100% ownership.

raymond · Posted: Sun Nov 29, 2009 6:35 pm Post subject:

Then go ahead and revert it back to its original status (just you on Title - matching the Note). It's important to do it 100% correctly, so I recommend asking your local Title or Escrow company to help you complete the form. They'll also be able to Notorize and Record it for you (for a small reasonable fee).

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whose name is shown as 1st party

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