Dec282025
Real Estate Q&A Series

Can I use a recorded power of attorney from my ex-spouse to sign a new deed transferring their interest to me? – North Carolina

Short Answer

Yes, in many North Carolina cases an agent can sign a deed for an ex-spouse using a valid power of attorney that authorizes real estate transfers, as long as the power of attorney has been properly recorded and the deed is signed and notarized in the correct “attorney-in-fact” form.

However, this only works if the power of attorney is still in effect (not revoked or terminated) and the document’s wording actually gives the agent authority to convey the ex-spouse’s interest. Many title companies and registers of deeds also expect the deed and notary certificate to clearly reference the recorded power of attorney.

Understanding the Problem

In North Carolina real estate, a common question is whether one former spouse can sign a new deed for the other former spouse using a previously recorded power of attorney, so the property can be placed in one name only. The decision point is whether the recorded power of attorney still gives the agent authority to sign and deliver a deed that transfers the ex-spouse’s ownership interest. Timing matters because a power of attorney can end, and the deed must be signed and acknowledged in a way the county Register of Deeds can record.

Apply the Law

North Carolina generally allows an “attorney-in-fact” (agent) to execute a deed on behalf of the property owner (principal) if the agent has authority under a power of attorney and the power of attorney has been recorded as required for real property transfers. When a deed is executed through an agent, North Carolina statutes provide acceptable ways for the agent to sign and for the notary to complete the acknowledgment so that the deed can be recorded. In practice, the key legal questions are (1) whether the authority covers this type of conveyance, and (2) whether the power of attorney has been recorded and clearly tied to the deed being recorded.

Key Requirements

  • Authority to convey real estate: The power of attorney must actually authorize the agent to sign deeds or otherwise transfer the principal’s interest in real property (and any limits in the document must be followed).
  • Recordation and cross-reference: For a deed signed by an agent, the power of attorney (or a certified copy) must be recorded, and the deed should include the book/page/county recording reference so the Register of Deeds can connect the authority to the deed.
  • Proper execution and notarization: The agent must sign in a legally sufficient form as attorney-in-fact, and the deed must be properly acknowledged before a notary (often using the statutory agent acknowledgment format that references where the power of attorney is recorded).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe co-owners who are former spouses, where one wants a deed putting title in one name and the ex-spouse is willing, and there is a previously recorded power of attorney. Under North Carolina practice, using the power of attorney can work if it gives real-estate transfer authority and has not been revoked or otherwise terminated. The deed and notary acknowledgment also need to clearly show the signature is by an attorney-in-fact and should point to the book/page/county where the power of attorney is recorded so the Register of Deeds can accept it for recording.

Process & Timing

  1. Who files: The grantee or closing attorney typically submits the deed for recording after execution. Where: The county Register of Deeds where the property is located in North Carolina. What: A new deed signed by the attorney-in-fact for the ex-spouse, with a notary acknowledgment formatted for an agent signing under a recorded power of attorney, and the deed should include the power of attorney’s recording reference (book/page/county). When: Before recording the deed (or at least by the time the deed is recorded), the power of attorney or a certified copy should already be on record in the proper county as required by North Carolina law.
  2. Confirm authority and current status: As a practical step before signing, the document should be reviewed for scope (real estate powers, gifting limits, self-dealing restrictions, or special instructions). If there is any concern the power ended, the agent may need an additional recordable affidavit addressing lack of knowledge of termination.
  3. Record and update the title record: After the Register of Deeds records the deed, the public land records will reflect the transfer. A lender, title insurer, or future buyer may still review the power of attorney language and the way the deed was executed when evaluating title.

Exceptions & Pitfalls

  • Power of attorney scope is too narrow: Some powers of attorney do not authorize real property transfers, or they authorize management but not conveyances. If the document does not cover deeds, the safer approach is for the ex-spouse to sign the deed directly.
  • Revocation or termination issues: A power of attorney can end by revocation or other terminating events. If there is doubt, recording a deed through an agent can create title questions later unless the termination concern is addressed (sometimes with a recordable agent affidavit and careful documentation).
  • Self-dealing and title underwriting concerns: When an agent transfers the principal’s ownership interest to the agent personally (or to someone the agent benefits), lenders and title insurers often scrutinize the transaction closely. Even if the ex-spouse is willing, the documents must support that the agent had authority to make that kind of transfer.
  • Incorrect signature or notary certificate: Deeds signed “wrong” (for example, not showing attorney-in-fact capacity) or not notarized with an agent-style acknowledgment can cause recording delays or later title objections.
  • County-by-county recording practice: Registers of deeds generally follow statewide statutes, but formatting and checklist expectations can vary. A deed can be rejected for correctable formatting issues even when the legal authority exists.

Conclusion

In North Carolina, a recorded power of attorney can often be used to sign a new deed transferring an ex-spouse’s interest, but only if the power of attorney authorizes real estate conveyances, remains in effect, and is properly tied to the deed through the correct attorney-in-fact signature and acknowledgment. The practical next step is to have a closing attorney prepare the deed and ensure the deed references the recorded power of attorney (book/page/county) before filing it with the county Register of Deeds.

Talk to a Real Estate Attorney

If a deed needs to remove an ex-spouse and the plan is to sign through a recorded power of attorney, our firm has experienced attorneys who can review the power of attorney language, prepare the correct deed and notary certificate, and help avoid recording or title problems. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.