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Dower rights in both Florida and North Carolina have been abolished. But, given that in most states the surviving spouse has rights in certain properties, it is always best to have the spouse sign off on the transfer of real property. I sold a house in NC purchased before marriage and though my wife had never lived in it, she had to sign the paperwork. North Carolina Laws: Article 2. Conveyances by Husband and Wife.

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βˆ™ 17y ago

Dower rights in both Florida and North Carolina have been abolished. But, given that in most states the surviving spouse has rights in certain properties, it is always best to have the spouse sign off on the transfer of real property. I sold a house in NC purchased before marriage and though my wife had never lived in it, she had to sign the paperwork. North Carolina Laws: Article 2. Conveyances by Husband and Wife. § 39‑7. Instruments affecting married person's title; joinder of spouse; exceptions. (a) In order to waive the elective life estate of either husband or wife as provided for in G.S. 29‑30, every conveyance or other instrument affecting the estate, right or title of any married person in lands, tenements or hereditaments must be executed by such husband or wife, and due proof or acknowledgment thereof must be made and certified as provided by law. Article 8. Election to Take Life Interest in Lieu of Intestate Share. § 29‑30. Election of surviving spouse to take life interest in lieu of intestate share provided. (a) In lieu of the intestate share provided in G.S. 29‑14 or G.S. 29‑21, or of the elective share provided in G.S. 30‑3.1, the surviving spouse of an intestate or the surviving spouse who has petitioned for an elective share shall be entitled to take as his or her intestate share or elective share a life estate in one third in value of all the real estate of which the deceased spouse was seised and possessed of an estate of inheritance at any time during coverture, except that real estate as to which the surviving spouse: (1) Has waived his or her rights by joining with the other spouse in a conveyance thereof, or (2) Has release or quitclaimed his or her interest therein in accordance with G.S. 52‑10, or (3) Was not required by law to join in conveyance thereof in order to bar the elective life estate, or (4) Is otherwise not legally entitled to the election provided in this section.

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Q: If the husband owned a home in Florida prior to marriage and now lives in North Carolina does the wife have to sign off on the sale of the property?
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