Legal Question in Real Estate Law in North Carolina

My wife owns 50% of a home in which she and I live. Her aunt and uncle also own 50% of the same home. I am not on the deed. In the event of her death without a will involved who would get her 50%. Would a will legally change ownership of her 50%?

Asked on 10/17/13, 3:24 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

It depends on how the Deed reads. If the deed is joint tenants with right of survivorship, her half would go to her aunt and uncle.

If this is not on the deed and there is no will, the 50% goes through intestate succession...which would lead to most likely, you owning part of the 50%. If the language is not on the deed and there is a will, the will dictates where the 50% goes.

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Answered on 10/17/13, 5:43 am

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