Short Answer

In North Carolina, you transfer title by preparing and recording a new deed with the county Register of Deeds. To add a spouse, the titled spouse typically signs a deed from themselves to “themselves and spouse” as tenants by the entirety. To add a child with survivorship, the deed must state “joint tenants with right of survivorship.” Recording changes ownership, but it does not change mortgage liability unless the lender agrees.

Understanding the Problem

You want to change real estate title in North Carolina so a home now in your spouse’s name is retitled to you alone or to both of you together. The single decision is how to legally retitle the property by recording the correct deed in the right office. One key concern is whether a mortgage will be affected if you transfer the deed without refinancing.

Apply the Law

North Carolina recognizes several ways to hold title. Married couples commonly use tenancy by the entirety, which automatically includes survivorship between spouses. Joint ownership with a non-spouse does not include survivorship unless the deed expressly says so; the default is tenancy in common. A deed must be properly drafted, signed by the current owner (grantor), acknowledged before a notary, and recorded with the Register of Deeds in the county where the land is located.

Key Requirements

• Use the correct deed and vesting language: To add a spouse, convey “to A and B, husband and wife” to create tenancy by the entirety; to add a child with survivorship, specify “as joint tenants with right of survivorship.”
• Proper execution: The current owner signs and has the signature acknowledged before a notary; the grantee usually does not sign.
• Record in the right county: File the original, notarized deed with the Register of Deeds where the property sits; unrecorded deeds do not protect title against third parties.
• Mortgage considerations: Title changes do not remove a borrower from the loan; some mortgages require lender consent before transfers.
• Power of Attorney use: An agent may sign only if the power of attorney authorizes real estate conveyances and the power is properly acknowledged and recorded.
• Taxes and ownership effects: Property taxes continue; adding a non-spouse can be treated as a gift and may affect income-tax basis and exposure to a co-owner’s creditors.

What the Statutes Say

• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – A conveyance to spouses creates tenancy by the entirety with survivorship, unless stated otherwise.
• North Carolina Gen. Stat. § 41-2 (Joint tenancy; survivorship) – Survivorship between non-spouses exists only if the deed expressly provides for it.
• North Carolina Gen. Stat. § 47-18 (Recording to protect title) – Deeds must be recorded to be valid against purchasers and lien creditors.

Analysis

Apply the Rule to the Facts: If the home is solely in your spouse’s name, your spouse can sign a deed to “Spouse and You, husband and wife” so you both own it with survivorship as tenants by the entirety. Changing only the deed does not alter who owes the mortgage, so you should review the loan documents and coordinate with the lender. If you add a child and want survivorship, the deed must say “joint tenants with right of survivorship”; otherwise, the default is tenancy in common and your child’s share won’t bypass probate.

Process & Timing

1. Who files: The current titled spouse (grantor). Where: The Register of Deeds in the North Carolina county where the property is located. What: A properly drafted deed (often a quitclaim or non-warranty deed) with precise vesting language; notarized signature; recording fees and any required county cover sheet. When: As soon as the deed is signed and notarized; recording is typically same day when presented in person.
2. After recording, obtain a certified copy of the deed. Notify your mortgage servicer and insurer of the title change. County tax records usually update ownership based on the recorded deed within a few weeks.
3. Keep the original recorded deed or a certified copy with your important records. Consider updating your estate plan and beneficiary designations to match the new ownership.

Exceptions & Pitfalls

• Lender rights: A due-on-sale or transfer clause may require lender consent; recording without approval can breach the loan.
• Survivorship must be explicit: For a non-spouse, survivorship exists only if the deed states “joint tenants with right of survivorship.” Without it, each owner’s share passes through probate.
• Claims and creditors: While survivorship avoids probate, a decedent’s interest in certain joint property can be reached if the estate lacks assets to pay claims. Adding a child also exposes the home to that child’s creditors and requires the child’s signature for future sales or mortgages.
• Power of Attorney limits: An agent may sign only if the instrument clearly authorizes real estate transactions (and gifts, if gifting is intended) and the power is properly acknowledged and recorded with or before the deed.
• Tax and basis issues: Deed changes do not remove property taxes. Adding a non-spouse can be a gift and may reduce step-up in basis at death; consult a tax professional.

Talk to a Real Estate Attorney

If you’re dealing with a deed transfer between spouses or adding a child to title and want to avoid surprises with your mortgage and taxes, our firm has experienced attorneys who can help you understand your options and timelines. 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.