Legal Question in Real Estate Law in North Carolina

When my daughter's husband pasted away we found out their home land was in her husband's and ex wife's name. Is my daughter entitled to any of his portion of the land or does it all go to the ex wife?

Asked on 9/18/09, 6:18 pm

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

It depends on how things are titled. In the typical situation, a tenancy in entirety was created when the husband and ex-wfie were married. When they got divorced, it became a tenancy in common (each owning 50%) and therefore your daughter's husband's interest would go to his heirs through will or intestacy which could be your daughter. Your specific question cannot be answered without knowing all the facts and seeing the deed but there is a good chance that your daughter has up to a 50% interest in the property.

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Answered on 9/24/09, 8:08 am

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