Jacksonville, FL asked in Real Estate Law for North Carolina

Q: My sister, myself and my mothers ex are on the deed to a house. Do my sis and I own 25% each or 33% each in N.C.

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4 Lawyer Answers
Ben F Meek III
Ben F Meek III
Answered

A: Your question doesn't contain enough information to give you a clear answer. What is the nature of your co-ownership as shown on the deed? Are the three of you Joint Tenants with Right of Survivorship? This would tend to indicate that you are three co-equal owners. Or are you Tenants in Common or Co-tenants? This could imply (or expressly state) something other than co-equal ownership. The answer may also depend on where the deed came from. Was the property previously owned by someone who died, and did the deed come from a probate court after a determination of heirs or devisees? If so, does the deed accurately reflect the will or the succession law as to the apportionment of interests? If not, you may be able to get the court to reform the deed to correct the problem.

With three owners and a question like this, it appears there might be a desire to sell the place, possibly resisted by one or more of the other owners. If you all cannot agree on the split, you'll have to sue for partition and ask the court to apportion the proceeds equitably according to your respective interests. Consult an experience real estate lawyer in your state for legal advice after they've reviewed the deed and all other pertinent information. Many offer free initial consultations. Good luck.

PS: My comments here are for general information only and are not legal advice on your specific situation nor do they create an attorney-client relationship between us. Consult an attorney in your state for legal advice on your particular situation.

A: It appears that the property you are referencing is located in North Carolina. Also you reference a deed that gives you your share of ownership.

There is no way to asvise you of your ownershup percentage without first seeing the deed. Second since the property is located in North Carolina you need to get a North Carolina attorney to review the deed and then answer your question.

Vincent Gallo
Vincent Gallo
Answered

A: You need to physically examine the language in the recorded Deed to determine the right answer to that question.

A: Is the property in NC or FL? If it is in NC, you will nee to re-post your question in a NC forum. If it is in FL, we would need additional information to properly respond to the question. If you inherited the home through probate proceedings, the probate Order would describe what % you own. If all 3 parties are on a deed, you would need to read the deed carefully. You could own the property in a variety of ways, you could have a remainder interest if your mother's ex kept a life estate, you could all own jointly with rights of survivorship, which means the last person living gets the property, you could each own a defined portion, it all depends upon how you obtained title and what the document that conveyed title to you says. If you are still not sure, you may need to schedule a consultation with an attorney. Best of Luck! Jennifer

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