How do I remove someone’s name or an incorrect name from my home’s title? – North Carolina

Short Answer

In North Carolina, removing someone’s name (or fixing a wrong name) from a home’s title usually requires recording a new document in the county Register of Deeds that legally corrects the public record. If the issue is a minor, nonmaterial mistake, a corrective affidavit may be enough. If the “wrong name” reflects a real ownership dispute or a missing signature, the fix often requires a new properly signed deed or a court action to clear title.

Understanding the Problem

Under North Carolina real estate law, the question is how a homeowner can correct the public land records when a deed or other recorded title document shows the wrong person’s name, misspells an owner’s name, or lists an unexpected co-owner. The key decision point is whether the problem is a minor recording error that can be corrected in the Register of Deeds records, or whether the recorded document reflects a true ownership issue that requires a new deed signed by the right parties or a court order. The timing matters because title problems often surface during refinancing, sale, or estate planning, when a lender or closing attorney reviews the chain of title.

Apply the Law

North Carolina generally fixes title-name problems in one of three ways: (1) record a correction document for minor, nonmaterial mistakes; (2) record a new deed signed by the person whose interest needs to be released or corrected; or (3) ask the court to correct the record when the parties cannot fix it by agreement. The main forum for recording-based fixes is the Register of Deeds in the county where the property is located. When the issue is an error in the registration/recording itself (not the underlying signed deed), North Carolina also provides a petition process through the Clerk of Superior Court to make the record conform to the original.

Key Requirements

Identify what kind of “wrong name” it is: A minor typo or indexing-type issue is handled differently than a name that changes who owns the property.
Use the correct correction tool: A corrective notice affidavit can address nonmaterial errors, but it cannot change the parties’ rights. Changing ownership usually requires a new deed signed and properly notarized (or a court order).
Record in the right place with proper recording details: The correction must be recorded with the county Register of Deeds where the property sits, and it must clearly reference the prior recorded instrument (book/page or document number) so the chain of title is clear.

What the Statutes Say

N.C. Gen. Stat. § 47-36.1 (Notice of errors in recorded instruments of title) – Allows recording a corrective notice affidavit for nonmaterial typographical or minor errors that do not affect the parties’ rights.
N.C. Gen. Stat. § 47-36 (Errors in registration corrected on petition to clerk) – Provides a petition process to the Clerk of Superior Court to correct errors in the registration so the record matches the original instrument, with a 30-day notice requirement to certain parties.

Analysis

Apply the Rule to the Facts: Here, the homeowner needs help resolving a title problem in North Carolina involving someone’s name or an incorrect name on the home’s title. If the issue is a minor name misspelling or similar nonmaterial mistake that does not change who owns the property, a corrective notice affidavit recorded with the Register of Deeds may be an appropriate tool. If the issue is that the record shows an additional owner (or the wrong owner) in a way that affects ownership rights, the solution typically requires a properly executed corrective deed or a court process to clear the title.

Process & Timing

Who files: Usually the current owner (often through a North Carolina real estate attorney), and sometimes the person who signed the original document or the person with the incorrect name. Where: The Register of Deeds in the county where the property is located; in some situations, the Clerk of Superior Court in that county. What: A corrective notice affidavit for a nonmaterial error, a newly executed corrective deed (when the parties can sign), or a petition to correct an error in registration when the recorded record does not match the original.
Confirm what the recorded documents actually say: Pull the most recent deed and any related recorded instruments, confirm the exact spelling and identity issues, and verify the recording references (book/page or instrument number). Title problems often involve more than one document, so the chain of title must be reviewed before choosing a fix.
Record the correction and verify indexing: After recording, confirm the Register of Deeds indexed the correction in a way that connects it to the prior instrument. If a petition process is used, the Clerk’s order directs the Register of Deeds to correct the record to match the original.

Exceptions & Pitfalls

Trying to “remove” a name with the wrong tool: A minor-error affidavit is not a substitute for a deed or court order when the change would affect ownership rights.
Missing signatures or lack of cooperation: If the person whose name needs to come off title will not sign a corrective deed, a recording-only approach may not solve the problem, and a court action may be needed.
Confusing a recording error with a deed error: North Carolina distinguishes between mistakes in the recorded registration and mistakes in the underlying instrument. The fix depends on which problem actually exists.
Not tying the correction to the correct prior recording: If the correction document does not clearly reference the prior deed/instrument, the title issue can continue to show up in future title searches.

Conclusion

In North Carolina, removing someone’s name or correcting an incorrect name on a home’s title depends on whether the issue is a minor, nonmaterial mistake or a problem that changes ownership rights. Minor errors may be addressed by recording a corrective notice affidavit with the county Register of Deeds, while ownership-changing issues usually require a properly signed corrective deed or a court process to clear title. A practical next step is to obtain the recorded deed and file the appropriate correction in the county where the property is located, following any required notice rules.

Talk to a Real Estate Attorney

If a home’s title shows the wrong name or an unexpected name, the right fix depends on whether the issue is a minor recording error or a true ownership problem. Our firm has experienced attorneys who can help identify the safest correction method and handle the recording or court process. 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.