Can this language Cloud a Deed?

[MABOAT]

What is the name of your state (only U.S. law)? NC
My spouse and I have filed a formal separation agreement for the terms of our divorce. The divorce will not be official till the end of this year. The terms of the Separation Agreement state that my spouse will. within 30 days, Quit Claim over to me all ownership interest in our home. Within five months after that I will take over the loan or re-finance.

His attorney prepared a Quit Claim Deed which states: ""this Deed is made pursuant to the terms and provisions of that contract of separation....."
Does this language in any way Cloud the Deed? What if, down the road, we get into a fight over the Separation Agreement could this language cause me problems later? Why refer to the SA in the Deed?
"As provided in said Separation Agreement, Grantee has assumed and agreed to pay the indebtedness secured by the deed of trust...."
There is lengthy detailed information in the Separation Agreement about how I will take over the loan so is this statement in the Quit Claim necessary and if left in the Quit Claim how could this statement affect me later?

Or am I making a mountain out of a molehill?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[FlyingRon]

It shouldn't. There are likely two reasons:

1. Some counties require you to specify a reason. If you don't put it in the text, they'll often write it on the edge. It can have tax implications if the QC was part of a divorce settlement versus being given for some other tangible consideration. In fact, if you omit the reason, they'll assume it was a FMV sale.


2. If there was ever a question if the SA was complied with, they can hold up this QC as indication of that aspect being done.

 

[MABOAT]

Thanks!

Is there any worry over using the word pursuant instead of using in accordance with?

 

[ecmst12]

Your soon-to-be ex is a fool if she signs a quit claim before you refinance. What if you are unable to refinance? Why would you even ask her to do this?

 

[MABOAT]

Thank you but the question is not about re-financing.

The question is will this language create a problem with a clear deed when it is time to sell?