Spousal real property, wife's name as grantee omitted from deed

Full question:

My husband and I bought a lot in Brunswick county, NC. Some how my name did not get added to the deed. The lawyer we used for the sale now says it does not matter if something happens to him (we have been married 20 years) that it will automatically be mine. I am concerned that should he be sued (has his own business), since it is soley in his name that a debter could place a lien on property. Should I get my name added to deed and if so how do I do so? My husband is not against adding me, he just doesn't think it is necessarily based on what the lawyer told him. Thanks.

• Category: Real Property
• Subcategory: Deeds
• Date: 04/07/2025
• State: South Carolina

Answer:

I gather from the information in your question that you and your husband want you to have a right of survivorship in the North Carolina real property, which you and your husband purchased together twenty years ago, but that through an error only your husband's name as grantee and not both names as grantees appeared on the deed. You say that the lawyer who represented you and your husband in the transaction has told you and your husband that he sees no need to rectify the error (which can be cured by a deed from your husband as grantor to himself and you as grantees) for the alleged reason that you as your husband's widow would automatically receive all of your husband's interest in the real property should your husband predecease you.

Simply put and in general terms, a married sole owner of real property in a non-community-property state (such as North Carolina): (1) could sell it to someone other than his spouse during his lifetime, (2) could leave it to someone other than his spouse in his will, (3) could experince the effect of a judgment lien upon it by any of his judgment creditors either during his lifetime or following his death; and the spouse of that owner would be powerless to alter the outcome in any of those situations.

A warranty deed from your husband as grantor to both of you as grantees while the property is free from liens would enable you to own the property free of liens of any judgment creditor of your husband should he ever have a judgment creditor and should he predecease you. I have included a link to a US Legal form of warranty deed from husband as grantor to husband and wife as grantees that is appropriate for and is recordable in North Carolina.

Additional information follows.

Warranty Deed: Law & Legal Definition.
A deed is the written document which transfers title (ownership) or an interest in real property to another person. The deed must describe the real property, name the party transferring the property (grantor), the party receiving the property (grantee) and be signed and notarized by the grantor. To complete the transfer (conveyance) the deed must be recorded in the office of the County Recorder or Recorder of Deeds. There are two basic types of deeds: a warranty deed, which guarantees that the grantor owns title, and the quitclaim deed, which transfers only that interest in the real property which the grantor actually has.

If a deed is intended to be a general warranty deed, it should contain a phase specified by state law such as the phrase "conveys and warrants". These words, called operative words of conveyance, carry with them several warranties which the grantor is making to the grantee. Examples of the warranties are:

First, the grantor warrants that the grantor is the lawful owner of the property at the time the deed is made and delivered and that the grantor has the right to convey the property.

Second, the grantor warrants that the property is free from all encumbrances or liens.

Third, the grantor warrants that he or she will defend title to the estate so that the grantee and the grantee's heirs and assigns may enjoy quiet and peaceable possession of the premises with the power to convey the property.

In contrast to a general warranty deed, a special warranty deed limits the liability of the grantor by warranting only what the deed explicitly states. A special warranty deed has practically the same effect as a quitclaim deed. Special warranty deeds are generally used by corporations or other entities that want to avoid assuming the liability of a general warranty deed. Like the general warranty deed, the special warranty deed should contain the appropriate language such as "conveys and specially warrants." Usually, the grantor warrants that he or she did nothing to impair title during the period the grantor held the title. While a special warranty deed may contain covenants of title, these covenants will usually cover only those claims arising by, through, or under the grantor.