My question involves real estate located in the State of: NC
My spouse and I have filed a Separation Agreement. My spouse must Quitclaim Deed over the house and I must give him full ownership of a promissory note and also make the monthly mortgage payment untill I can re-finance in my name only (I have 1/2 a year to comply). In addition to this there are also many other different items outlined in the Terms and Provisions of the Separation Agreement.
In the Quitclaim Deed the language reads.... "This deed made pursuant to the terms and provisions of that Contract Of Separation and Property Settlement Agreement..."
My question is how does the word Pursuant (which I understand means "because I have to") affect my deed/title? Why would the attorney not use In Accordance? When I sell the house would a Buyer be scared off because my title is Pursuant to the Terms (does this mean all terms) of the Separation Agreement? What if a year from now my spouse and I get into a legal dispute of another item listed in the Separation Agreement - could that give cause to put a cloud on my deed/title?
The Quitclaim also states..."As provided in the Separation Agreement Grantee has assumed and agreed to pay the indebtedness secured b the deed of trust....."
My questions are these. The terms of taking over the loan are specifically laid out in detail in the Separation Agreement. Why does this statement, which does not clarify the entire process, need to be in the Quitclaim Deed? Could this statement in the deed cause a cloud in the title?