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A Complete Guide to Editing The Contract For Deed North Carolina
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PDF Editor FAQ
If the parents transfer a house to their son's name who is a minor, is the contract void or valid?
U.S. perspectiveTo start, I will note that a deed transferring title to real property is not a contract. Accordingly, laws pertaining to the voidability of contracts are irrelevant.Although I have not researched applicable law in all states, my understanding is that, generally, a minor may take title to real property (although ownership by a minor may create problems with respect to obtaining a mortgage, further conveyance of title, etc.). See, e.g.:California - Minor's Ownership of Real Estate in California: Possible?Florida - How can one put a home under a minor's name forNorth Carolina - 3 Things to Consider When Deeding Property to a MinorWashington - Minors in Title to Real EstateWestern U.S. - PR 07215.006 - California - 02/06/2004So, answering this question directly, yes, transfer of a house from parents to a minor son can be a valid transaction.
In your own jurisdiction: If a married couple files for divorce, and they find out that they were never legally married in the first place, how does that impact any attempt to determine things such as child custody, child support, alimony/spousal support, and splitting of any assets, and so on?
Alimony/spousal support:My state, North Carolina, does not recognize common law marriages unless they were created in a state that allows for it and the couple later moves to NC. If the couple did not create a valid common law marriage, there would be no spousal support unless the couple contracted for it.Child support and child custody:Finding out the parents were never legally married would have no effect on these two things as they are routinely determined for couples who never thought they were married.Child custody would be determined based on the best interest of the child. NC, follows the modern trend of favoring joint custody.Child support would be determined based on the relative incomes, financial obligations, and other contributions of each parent.Distribution of assets:Equitable distribution as it’s called in our divorce statutes would not be considered if the couple was not married. This does not mean that a court wouldn’t make a decision to divide some assets in a way that prevents an unjust result of not doing so. For example, if one person’s name were on the deed of a house, but the other person paid the mortgage or did upgrades to the house, the court might force the sale and division of the proceeds or have a cash payout to the person whose name was not on the deed. A similar result could be reached with a car, boat, or personal property.
Where does a Homeowners' Association derive its power in North Carolina?
In the deed that is signed when someone buys a home in it. That contract subjects residents to the provisions of the HOAs CC&Rs.
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