Wake Forest, NC asked in Real Estate Law for North Carolina

Q: I n North Carolina, do I have property rights if my name is not on the mortgage?

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1 Lawyer Answer
  • Cary, NC
  • Licenced in North Carolina

A: Names being on the mortgage are meaningless. The person named as a borrower on the mortgage is financially responsible to pay on the mortgage. But it has no bearing on ownership rights. The answer to that is whether your name is on the deed. Simply look up the deed to the property. Many register of deeds are online if the land is in NC.

So is your name on the deed?

If not, that still does not mean you don't have rights. It depends on who you are. Are you a spouse? You may have what are called "inchoate" property rights. This arises in cases where a person is married owns land and dies without a will. The surviving spouse gets a portion of the property under the state intestacy law. If one party owns the land and acquired the land during marriage to the other party...

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