Hickory, NC asked in Real Estate Law and Probate for North Carolina

Q: What happens to the house in NC when one of the owners dies?

Grandfather and girlfriend bought property together and they both lived in house as man and wife. The deed does not say tenants in common nor joint tenants in common. What will happen when one of them passes. Grandfather did a will giving the house to his children but the girlfriend did not sign the will.

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: Unmarried co-owners are presumed to own as tenants in common in equal shares, unless the deed states otherwise. Accordingly, when your grandfather dies, and assuming the will is valid and is as you stated, his children will own 50% of the house along with the girlfriend as to the other 50%.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.