How do I remove my ex-spouse from the deed and put the property in my name only? – North Carolina

Short Answer

In North Carolina, an ex-spouse usually comes off the deed only if that ex-spouse signs a new deed transferring their ownership interest to the other owner (often a quitclaim deed or warranty deed) and the signed deed is recorded with the Register of Deeds in the county where the property is located. If the ex-spouse already signed a properly drafted and still-valid power of attorney, an agent may be able to sign the deed on the ex-spouse’s behalf, but the deed and the power of attorney must meet North Carolina recording and acknowledgment rules. A divorce judgment alone does not automatically change the deed in most situations.

Understanding the Problem

Under North Carolina real estate law, the key question is how to change the public land records so that only one former spouse remains as the owner on the deed. This usually turns on whether the ex-spouse will sign a deed (or can be represented by an authorized agent) that transfers the ex-spouse’s ownership interest to the other former spouse, and whether that deed can be properly recorded in the county Register of Deeds where the property sits. The goal is a clean chain of title that matches the intended ownership after the divorce.

Apply the Law

In North Carolina, a deed is the document that transfers ownership of real estate. If two people are on the current deed, one person cannot “remove” the other without a new conveyance that transfers the departing owner’s interest. The most common path is a deed from the ex-spouse to the remaining owner, signed and notarized, then recorded with the Register of Deeds in the county where the land lies. If an agent signs using a recorded power of attorney, the agent must have clear authority to convey real estate, and the deed must be executed in a way that the Register of Deeds can accept for recording.

Key Requirements

A valid transfer document (a new deed): The ex-spouse must convey their interest to the remaining owner through a deed that correctly identifies the parties, the property, and the interest being transferred.
Proper execution and acknowledgment: The deed must be signed by the person conveying the interest (or a properly authorized agent) and properly acknowledged (notarized) so it can be recorded.
Recording in the correct county: The signed deed must be recorded with the Register of Deeds in the county where the property is located so the public record shows the updated ownership.

What the Statutes Say

N.C. Gen. Stat. § 39-7 (Spousal joinder; elective life estate waiver; exceptions) – Explains when a spouse’s signature is generally required for instruments affecting a married person’s title and notes statutory exceptions.
N.C. Gen. Stat. § 39-13.4 (Conveyances under recorded separation agreement authorization) – Allows a spouse to convey without the other spouse’s joinder if a recorded separation agreement (or recorded memorandum) authorizes it and has not been canceled of record.
N.C. Gen. Stat. § 39-13.3 (Conveyances between spouses) – Addresses conveyances between spouses and clarifies that joinder is not always required for those transfers (noting later recodification).

Analysis

Apply the Rule to the Facts: Here, the deed currently lists both former spouses, and the goal is to put title into one name only. Because the ex-spouse is willing to be removed, the cleanest approach is typically a new deed where the ex-spouse conveys their interest to the remaining owner, followed by recording. Since a power of attorney has already been recorded, an agent may be able to sign the deed for the ex-spouse if the power of attorney clearly authorizes real estate conveyances and remains effective, but the deed still must be executed and acknowledged in recordable form.

Process & Timing

Who files: The remaining owner (or the closing attorney) typically handles recording after the deed is signed. Where: The Register of Deeds in the North Carolina county where the property is located. What: A deed transferring the ex-spouse’s interest to the remaining owner (often prepared as a quitclaim deed or warranty deed, depending on the situation) and, if signing by agent, the recorded power of attorney information the Register of Deeds needs to index the authority. When: As soon as practical after the deed is signed and notarized, because recording is what updates the public record.
Recording review: The Register of Deeds reviews the document for recordability (format, notary acknowledgment, names, legal description, and required information). If something is missing, the office may reject it for correction, which delays the title update.
After recording: Once recorded, the public record should show the remaining owner as the sole owner (assuming the deed conveyed the ex-spouse’s entire interest). A certified copy can be requested for personal records and for lenders or insurers if needed.

Exceptions & Pitfalls

Divorce paperwork does not automatically change the deed: A divorce judgment or separation terms may award the property, but a separate deed is commonly still needed to change the land records.
Power of attorney limits: Not every power of attorney authorizes gifting or transferring real estate, and some powers of attorney end at a triggering event or have conditions. If the authority is unclear, the deed may be challenged or rejected for recording.
Marital rights and separation agreement issues: If the parties were still married when the transfer is signed, spousal rights can affect whether additional waivers or authorizations are needed. North Carolina law also recognizes situations where a recorded separation agreement (or memorandum) can authorize a conveyance without the other spouse’s joinder, but the recorded document must actually grant that authority and must not have been canceled of record.
Loan and lender requirements: Removing a name from the deed does not remove that person from the mortgage. Many lenders require a refinance or other lender-approved process before changing who is responsible for the loan.
Legal description and vesting mistakes: Using the wrong legal description, leaving out prior deed references, or conveying less than the full interest can create a “cloud” on title that later requires corrective deeds or a court action.

Conclusion

In North Carolina, removing an ex-spouse from a deed usually requires a new deed where the ex-spouse conveys their ownership interest to the remaining owner, followed by recording with the Register of Deeds in the county where the property is located. A recorded power of attorney may allow an agent to sign for the ex-spouse, but the authority and notarization must be recordable. The most important next step is to have a deed prepared and then record it promptly with the county Register of Deeds.

Talk to a Real Estate Attorney

If dealing with an ex-spouse’s name still appearing on a North Carolina deed, our firm has experienced attorneys who can help explain the options, prepare the correct deed, and confirm what the Register of Deeds will require for recording. 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.