I got married and I am selling my house…….now what?

Life changes—sometimes in ways that impact homeownership. If you purchased a home in North Carolina as a single individual and later got married (or divorced and remarried), selling your property may come with unexpected legal and procedural steps. Understanding how marriage, divorce, and remarriage affect your ability to sell can help you avoid surprises at closing.

Selling a Home Purchased Before Marriage

If you bought your home before getting married, you may assume that you alone have the right to sell it. However, North Carolina law recognizes marital rights that may affect the sale, even if only your name is on the deed.

Spousal Joinder and Marital Interest

In North Carolina, a spouse may have a marital interest in real property even if they are not on the title. If you purchased the home before marriage and don’t have any agreement that specifies otherwise, your spouse will need to sign the deed at closing to release any potential marital rights. The requirement for spousal joinder applies even if the mortgage is solely in your name.

Selling After Divorce and Remarriage

If you were previously married, divorced, and then remarried, additional complications may arise:

• If your prior spouse’s name was on the deed, make sure they signed a deed transferring ownership to you before or during the divorce process.

• If your divorce settlement awarded you the home, but the proper paperwork wasn’t recorded, title issues may arise when selling.

• If you remarry before selling, your new spouse will also need to sign at closing to waive any marital interest they may have acquired.

What If My Spouse Refuses to Sign?

If your current spouse refuses to sign at closing, you may not be able to complete the sale. It’s essential to address marital rights early in the process to avoid unexpected delays or legal disputes.

How to Prepare for a Smooth Sale

1. Review Your Title – Check how your property is titled and whether any past marriages or divorces affect ownership.

2. Confirm Spousal Rights – If you’ve married since purchasing the property, consult a real estate attorney to determine whether your spouse must sign the deed.

3. Address Any Title Issues in Advance – If there are unresolved ownership issues from a prior marriage, work with an attorney to clear the title before listing the home.

4. Communicate with Your Closing Attorney – Discuss your marital history with your closing attorney to ensure all necessary signatures are obtained.

Final Thoughts

Selling a home in North Carolina after marriage, divorce, or remarriage can be more complex than expected. By understanding how your marital status affects property rights, you can take proactive steps to ensure a seamless sale. If you’re unsure about your legal obligations, please schedule a consultation with us here at The Law Office of Jonathan Richardson to prevent costly complications at closing.