Chicago, IL asked in Family Law for North Carolina

Q: Father buys a house 5 years ago. Recently refinanced and adds girlfriend to loan unsure if on title too.

Father passes away. He has 2 adult children. Their is NO will. Who gets his property and the equity in the house? Do children have a right to make girlfriend leave?

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1 Lawyer Answer
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
  • Greensboro, NC
  • Licensed in North Carolina

A: I will first disclaim that I am only answering the question as it pertains to NC (not Illinois). The first thing to check is whether the girlfriend is on the deed itself. You can check this at the relevant Register of Deeds office. If her name is on the deed, she has some interest in the house.

If girlfriend is NOT on the deed, and you are correct that there was no will, then the property would pass by intestacy and the adult children would own the home. The children would have the right to make the girlfriend leave, of course subject to her right to remove any of her personal property.

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