One to Buy, Two to Sell - -how does marriage impact the sale of property in NC?

In NC, there is a saying when it comes to selling property - “one to buy, two to sell”.

Generally speaking, in North Carolina, spouses who own assets prior to getting married take their assets with them when they go.

However, even in the cases of properties owned before getting married, if the property is sold, North Carolina law still requires a spouse to sign the deed to relinquish any martial interest they may have acquired by becoming your spouse.

Or another way of putting it, even though only one spouses’ name is on the title, two will generally be needed to sign the deed to sell.

This is because spouses have the right to claim an elective share if they survive their spouse, which is a legal benefit of marriage.

That is why if you enter into a listing agreement agreement to sell a property that has only in one spouses name, the real estate agent will likely ask both spouses to sign the listing agreement.

This is the general rule, there are always exceptions, and you should definitely contact an attorney for what applies in your particular situation.