Langley, KY asked in Estate Planning, Probate and Real Estate Law for North Carolina

Q: If my dad is divorce from my mom if both names are the land he owned, am I entitled to the property

My dad lived in North Carolina mom and dad have been divorced for over 10 years of my mom's name is on the lean is she entitled to the property or am I or can I benefit from the sell

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

A: If your mother's name is on the deed (not the mortgage, the DEED), then she has an ownership interest in the property regardless of whether she has divorced your father. So it seems like your mother and father still might own the property, each having a 50% interest.

Unless either party does something with their interest, the property would pass pursuant to the terms of their wills, and if they don't have a will, it would pass pursuant to the laws of Intestacy and you would get some fractional ownership (potentially along with others).

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