Winston Salem, NC asked in Real Estate Law for North Carolina

Q: My husband purchased a home but the title reads his name as a married man." We are in NC. Do I have rights to the home?

When he gets angry with me he says I don't cause my name is not spelled out on the deed. He also tells me if we split up I'll be made to go back to the home I purchased before marriage although my son currently lives there.

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1 Lawyer Answer
Cameron Lambe
Cameron Lambe
  • Raleigh, NC
  • Licensed in North Carolina

A: In North Carolina, a deed conveyed to a married person is presumed to be granted as a tenancy by the entirety to both spouses. This is the same if the deed says "to John Doe and spouse." If you were married at the time of the purchase, you likely have an equal right to the property unless the deed specifically states otherwise.

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