Amherst, VA asked in Estate Planning, Real Estate Law and Probate for North Carolina

Q: Boyfriend and I will move into a home that's solely in his name. How does "right of tendency" work (correct term???)?

He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.

1 Lawyer Answer
Angela L. Haas
Angela L. Haas
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't happen automatically. You could also enter into a Domestic Partnership Agreement regarding the house, if the two of you are not planning on getting married. There are lots of options on how to handle this. Consult with a family law attorney about the best way to proceed.

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