How do I use a quitclaim deed to put the home only in my name after a divorce? – North Carolina

Short Answer

In North Carolina, a quitclaim deed can transfer a former spouse’s ownership interest in the home to the other former spouse, but it only works if it is properly signed, notarized, and recorded with the Register of Deeds in the county where the property is located. A quitclaim deed does not “fix” the mortgage—if both spouses are still on the loan, the lender can still treat both as responsible unless the loan is refinanced or the lender releases someone. After recording, the public land records should show the home titled in one name.

Understanding the Problem

After a divorce in North Carolina, can a former spouse sign a quitclaim deed so the home ends up titled only in the other former spouse’s name? The decision point is whether the goal is a clean title transfer in the county land records (ownership) versus removing a former spouse from the home loan (mortgage liability). A quitclaim deed addresses ownership in the public records when it is executed and recorded correctly with the county Register of Deeds.

Apply the Law

North Carolina allows an owner to convey whatever interest that owner has in real property by deed, and the practical “finish line” is recording the signed and notarized deed in the county where the land sits. In divorce situations, the title transfer often follows a separation agreement or an equitable distribution order, but the land records still typically need a deed (or a court order that transfers title) to show the change in ownership. Also, North Carolina charges a real property excise tax on deeds based on consideration/value unless an exemption applies; many divorce-related transfers qualify for an exemption, but the Register of Deeds may still require the deed to state the exemption basis.

Key Requirements

Correct deed and legal description: The deed must clearly identify the grantor (former spouse signing away the interest), the grantee (the spouse keeping the home), and include the property’s legal description (often copied from the prior recorded deed).
Proper execution and notarization: The former spouse must sign the deed, and the signature must be properly acknowledged before a notary (or other authorized official) so the Register of Deeds can record it.
Recording in the right county (and handling excise tax/exemptions): The signed and notarized deed must be recorded with the Register of Deeds in the county where the property is located, and any required excise tax or stated exemption must be addressed at recording.

What the Statutes Say

N.C. Gen. Stat. § 105-228.30 (Real property excise tax) – imposes an excise tax on deeds conveying an interest in real property and requires payment to the Register of Deeds before recording.
N.C. Gen. Stat. § 47E-2 (Residential disclosure exemptions) – lists exemptions, including certain transfers between spouses resulting from a divorce decree or distribution under Chapter 50.
N.C. Gen. Stat. § 50-20 (Equitable distribution) – authorizes the court to equitably distribute marital/divisible property and, in appropriate cases, order transfer of property interests.

Analysis

Apply the Rule to the Facts: Here, the former spouse is willing to sign a quitclaim deed and the goal is to transfer the property into one name. That generally fits the purpose of a quitclaim deed: it transfers whatever ownership interest the signing spouse has to the receiving spouse. The key is getting the deed drafted with the correct legal description, signed and notarized correctly, and then recorded in the county Register of Deeds so the public records reflect the change.

Process & Timing

Who files: Typically the spouse receiving the property (or that spouse’s attorney) submits the deed for recording. Where: The Register of Deeds office in the North Carolina county where the property is located. What: A quitclaim deed signed by the former spouse and notarized, with the full legal description; many counties also require a cover sheet and may require an excise tax certification/exemption statement at recording. When: As soon as practical after the divorce settlement/order to avoid title problems later (for example, when refinancing or selling).
Recording and fees/tax handling: The Register of Deeds reviews the document for recordability, collects recording fees, and addresses excise tax under state law (or an asserted exemption if applicable). County procedures vary, so the required supporting statements can differ by office.
Confirm the updated record: After recording, obtain a recorded copy (showing book/page or instrument number) for records and for any lender, insurer, or future closing.

Exceptions & Pitfalls

Mortgage not resolved: A quitclaim deed changes title, not the loan. If both former spouses signed the promissory note, the lender can still hold both responsible unless the loan is refinanced or the lender issues a release. For more on this issue, see what happens if a former spouse signs a quitclaim deed but there is still a mortgage.
Quitclaim deed limits: A quitclaim deed does not promise clear title; it only conveys whatever interest the signer has. If there are title defects, liens, or ownership questions, a quitclaim deed does not solve them. See risks of accepting a quitclaim deed instead of a warranty deed.
Wrong legal description or missing recording requirements: Using a street address instead of the recorded legal description, failing to include required transfer-reporting information, or improper notarization can lead to rejection by the Register of Deeds or create a cloud on title.
Excise tax/exemption confusion: Divorce-related transfers are often exempt from certain disclosure requirements and may be treated differently for excise tax purposes depending on how the deed is structured and what is stated at recording. If the deed suggests “consideration” without clarifying the divorce context, it can trigger avoidable questions at recording.
Court order vs. deed mismatch: If a separation agreement or equitable distribution order awards the home to one spouse, the deed should match that outcome. If the paperwork conflicts, title insurers and future buyers/lenders may require corrective documents.

Conclusion

In North Carolina, using a quitclaim deed after a divorce generally means preparing a deed that correctly identifies the parties and the property, having the former spouse sign it in front of a notary, and recording it with the Register of Deeds in the county where the home is located. Recording is the key step that updates the public title record. A quitclaim deed does not remove a former spouse from the mortgage, so the next step is to record the deed promptly with the county Register of Deeds.

Talk to a Real Estate Attorney

If you’re dealing with transferring a home into one name after a divorce, our firm has experienced attorneys who can help you understand your options and timelines, including deed drafting, recording requirements, and mortgage-related pitfalls. 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.