Signing a Sell Contract on a house that belongs to my Spouse
Full Question:
I have a prenuptial agreement with my husband which is almost 10 years old. We live in his house; and I am not on the deed. He has taken a new job, and his company is buying the house. A Century 21 real estate agent delivered the 'contract agreements' to our home and wants my signature in order to sell the house. Why do I have to sign anything IF I have a prenupt and am not on the current deed? What are my rights living in the house?
04/14/2009 |
Category: Contracts ยป BuySell Agre... |
State: North Carolina |
#15991
Answer:
Homestead laws exist to protect a homeowner from having their home attached by creditors. Laws vary by state.The North Carolina State Constitution requires a married homeowner to get the other spouse's signature before conveying a homestead, regardless of the names on the deed.
It is also possible that a prenuptial agreement may be unenforceable if the court finds that it was not fair to one of the parties, such as when fraud or duress is involved. In such cases where the prenuptial agreement is invalidated, the marital property in a divorce will be
divided according to the equitable property division principles of fairness in NC